Terms and Conditions

Last Updated: September 2026

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and oldhamite ("Company," "we," "us," or "our") governing your access to and use of the oldhamite.com software-as-a-service platform, including all associated applications, features, tools, application programming interfaces, and content made available at oldhamite.com and any related suboldhamites (collectively, the "Service"). Please read these Terms carefully before accessing or using the Service. By accessing, registering for, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy and Cookie Policy, each of which is incorporated herein by reference.

1. Acceptance of Terms

By accessing, browsing, registering for, subscribing to, or otherwise using the Service, you affirm that you are at least eighteen (18) years of age, or the age of legal majority in your jurisdiction of residence, and that you possess the legal capacity to enter into a binding contract. If you are accessing or using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, in which case "you" shall refer to both you individually and that organization. If you do not agree to these Terms in their entirety, you must immediately cease all use of the Service.

These Terms apply to all visitors, registered users, subscribers, administrators, and any other person who accesses the Service. Your continued use of the Service following the posting of any revised version of these Terms constitutes your acceptance of such revisions. Where the Service is made available on a trial, evaluation, or "freemium" basis, these Terms nevertheless apply in full to such use, and any additional terms presented at the time of purchase, subscription, or activation shall supplement and form part of these Terms.

Certain features of the Service may be subject to supplemental terms, guidelines, or policies disclosed to you at the time of activation, including without limitation service-level commitments, acceptable-use requirements, and volume or usage limitations. In the event of a direct conflict between these Terms and any supplemental terms, the supplemental terms shall control solely with respect to the specific feature or service to which they relate. No waiver of any provision of these Terms shall be effective unless made in writing and signed by an authorized representative of Oldhamite.

These Terms incorporate by reference the Federal Trade Commission Act, 15 U.S.C. § 45, which prohibits unfair or deceptive acts or practices, and, to the extent applicable to any transaction involving goods, the Uniform Commercial Code (UCC) Article 2 as adopted by the relevant state. Certain provisions of the Uniform Computer Information Transactions Act (UCITA), adopted only in Maryland, Virginia, and Louisiana, may additionally inform the interpretation of license grants where those jurisdictions apply. Nothing in these Terms is intended to limit any non-waivable right you may have under applicable federal or state law.

2. Use of Service

Subject to your compliance with these Terms and payment of all applicable fees, oldhamite grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business or personal purposes during the applicable subscription term. The Service is provided on a hosted, software-as-a-service basis; you receive no title to, or ownership interest in, the Service or any underlying software, and all rights not expressly granted herein are reserved by oldhamite and its licensors.

You are responsible for procuring and maintaining all equipment, telecommunications, internet connectivity, and third-party software necessary to access the Service, and for all costs associated therewith. You are further responsible for maintaining the confidentiality of any account credentials, API keys, access tokens, or administrative logins issued to you or your authorized users, and you shall promptly notify oldhamite of any unauthorized access to or use of your account. Any activity conducted through your account shall be deemed to have been authorized by you, whether or not you had actual knowledge of such activity.

Where the Service is offered on a subscription or automatically renewing basis, you acknowledge that recurring charges will be applied to your designated payment method at the interval disclosed at the time of purchase, and that such recurring charges will continue until you cancel in accordance with the cancellation procedures made available within your account or by contacting [email protected]. In accordance with the Restore Online Shoppers' Confidence Act, 15 U.S.C. §§ 8401–8405 (ROSCA), oldhamite will provide clear and conspicuous disclosure of all material terms, obtain your express informed consent before charging your payment method, and provide a simple mechanism to stop recurring charges.

We reserve the right to modify, suspend, discontinue, or impose limits upon the Service or any feature thereof at any time, with or without notice, including where necessary for maintenance, security, capacity, or legal compliance. We shall not be liable to you or any third party for any such modification, suspension, or discontinuance, except that where a paid subscription is materially and adversely affected, you may be entitled to a pro rata refund of prepaid, unused fees at our sole discretion or as otherwise required by applicable law.

3. User Obligations

You agree to use the Service only for lawful purposes and in accordance with all applicable federal, state, and local laws, regulations, and ordinances. Without limiting the foregoing, you shall not: (a) upload, transmit, or store any content that is unlawful, defamatory, obscene, harassing, infringing, or that violates any third party's privacy or intellectual property rights; (b) attempt to gain unauthorized access to the Service, its servers, networks, or any connected systems; (c) reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service, except to the extent such restriction is prohibited by applicable law; (d) use the Service to transmit malware, conduct denial-of-service attacks, or engage in any fraudulent, deceptive, or abusive conduct; or (e) use automated systems, including bots, scrapers, or harvesting tools, to access the Service in a manner that exceeds reasonable usage or burdens our infrastructure.

You represent and warrant that you own or have obtained all necessary rights, consents, and licenses to any data, text, images, files, or other materials you submit to the Service ("User Content"), and that our processing of such User Content as contemplated by these Terms will not violate any third-party right or applicable law. You retain all ownership rights in your User Content; however, you grant oldhamite a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, process, transmit, and display your User Content solely as necessary to provide, maintain, secure, and improve the Service.

You are solely responsible for ensuring that your use of the Service complies with all industry-specific and sectoral requirements applicable to you, including without limitation the Health Insurance Portability and Accountability Act (HIPAA) where you process protected health information, the Gramm-Leach-Bliley Act, 15 U.S.C. §§ 6801–6809 (GLBA) where you operate as a financial institution, and the Children's Online Privacy Protection Act, 15 U.S.C. §§ 6501–6506, together with the COPPA Rule as amended effective June 2025 (16 C.F.R. Part 312, 2025 amendments), where your use of the Service may involve the collection of personal information from children under thirteen (13) years of age. The Service is not directed to children under thirteen, and you shall not permit any such child to use the Service.

Where you make the Service available to end users, employees, or other authorized users, you shall impose obligations upon such users that are at least as protective of oldhamite as these Terms, and you shall remain fully liable for any breach of these Terms by such users. You shall cooperate with any reasonable investigation by oldhamite into suspected violations of these Terms and shall promptly provide such information as we may reasonably request to verify compliance.

4. Intellectual Property Rights

The Service, including all software, source code, object code, architecture, user interfaces, designs, graphics, logos, trademarks, service marks, documentation, and all derivative works thereof, is and shall remain the exclusive property of oldhamite and its licensors, and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. Except as expressly permitted in Section 2, no license or right is granted to you by implication, estoppel, or otherwise.

oldhamite.com and all related marks, logos, and trade dress are trademarks or registered trademarks of Oldhamite. You shall not use any such marks without our prior written consent, and you shall not remove, obscure, or alter any copyright, trademark, or other proprietary notices appearing in or on the Service. All feedback, suggestions, enhancement requests, and recommendations you provide regarding the Service may be used by oldhamite without restriction, attribution, or compensation, and you hereby assign to oldhamite all right, title, and interest in and to such feedback.

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 material available through the Service infringes your copyright, you may submit a written notification to [email protected] containing the information required by 17 U.S.C. § 512(c)(3), including identification of the copyrighted work, identification of the allegedly infringing material, your contact information, a statement of good-faith belief, a statement under penalty of perjury as to accuracy and authority, and your physical or electronic signature. We will respond to valid notices by removing or disabling access to the identified material and will terminate the accounts of repeat infringers in appropriate circumstances.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL oldhamite, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT oldhamite HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF oldhamite ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO oldhamite FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT OR OCCURRENCE GIVING RISE TO THE CLAIM. IF YOU HAVE NOT PAID ANY FEES, OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

The foregoing limitations and exclusions apply notwithstanding the failure of any essential purpose of any limited remedy and shall survive any termination or expiration of these Terms. Some jurisdictions do not permit the exclusion or limitation of certain damages, and in such jurisdictions our liability shall be limited to the fullest extent permitted by law. Nothing in this Section shall be construed to limit liability for gross negligence, willful misconduct, fraud, or any other liability that cannot lawfully be limited or excluded.

6. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, oldhamite EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OF TRADE, OR COURSE OF PERFORMANCE. We do not warrant that the Service will be uninterrupted, error-free, secure, timely, accurate, or free of viruses or other harmful components.

oldhamite does not warrant that any data, output, analysis, report, recommendation, or other result generated by or made available through the Service will be accurate, complete, current, or suitable for any particular purpose, and you acknowledge that any reliance upon such output is at your sole risk. Any statements or representations made by third parties, including resellers, partners, or independent service providers, do not constitute warranties by oldhamite and shall not be relied upon as such.

You acknowledge that the Service may rely upon third-party hosting, infrastructure, and software providers, and that oldhamite shall not be responsible for the acts, omissions, availability, or performance of such third parties. Certain disclosures and opt-out rights relating to the sale or sharing of personal information, including obligations under the California Consumer Privacy Act as amended by the CPRA (Cal. Civ. Code § 1798.100 et seq.) and related "Do Not Sell or Share My Personal Information" and Global Privacy Control requirements, are addressed in our Privacy Policy and Cookie Policy.

7. Indemnification

You agree to defend, indemnify, and hold harmless oldhamite and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, demands, actions, liabilities, damages, losses, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or relating to: (a) your access to or use of the Service; (b) your breach of any provision of these Terms; (c) your User Content; (d) your violation of any applicable law or regulation; or (e) your infringement or misappropriation of any intellectual property, privacy, or other right of any third party.

oldhamite shall provide you with prompt written notice of any claim subject to indemnification, provided that any delay or failure to provide such notice shall relieve you of your indemnification obligations only to the extent you are materially prejudiced thereby. You shall have the right to assume the defense and control of any such claim with counsel reasonably acceptable to oldhamite; however, oldhamite may elect to participate in the defense with counsel of its own choosing at its own expense. You shall not settle any claim in a manner that imposes any liability, obligation, or admission of wrongdoing upon oldhamite without our prior written consent.

oldhamite reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate fully with oldhamite in asserting any available defenses. The indemnification obligations set forth in this Section shall survive the expiration or termination of these Terms and your cessation of use of the Service.

8. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of [State], United States, without regard to its conflict-of-laws principles and without regard to the United Nations Convention on Contracts for the International Sale of Goods. Where applicable, the Uniform Commercial Code (UCC) Article 2 as adopted by the State of [State] shall govern transactions involving goods, and the Federal Trade Commission Act, 15 U.S.C. § 45, shall govern the enforceability of representations concerning the Service.

The parties acknowledge that the Service is delivered and accessed in the United States and that a patchwork of state comprehensive privacy statutes may apply based on the residence of individual users, including without limitation 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 the comprehensive privacy statutes of Texas, Oregon, Montana, Florida, Tennessee, and other states. Nothing in these Terms limits any right you may have under such statutes that cannot be waived by contract.

Subject to Section 9, you and oldhamite irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in [State] for any action not subject to arbitration, and each party waives any objection based on lack of personal jurisdiction, improper venue, or forum non conveniens. Any claim arising under these Terms must be brought within one (1) year after the cause of action accrues, to the extent permitted by applicable law.

9. Dispute Resolution

9.1 Binding Arbitration

Except as provided in Section 9.4, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be finally resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, where applicable, its Consumer Arbitration Rules. The arbitration shall be conducted in [City, State], or, at your election where you are an individual consumer, in your county of residence. The Federal Arbitration Act, 9 U.S.C. §§ 1–16, shall govern the interpretation and enforcement of this arbitration provision. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

9.2 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND oldhamite AGREE THAT ANY ARBITRATION OR OTHER PROCEEDING SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY AND NOT AS A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate claims from more than one person and may not preside over any form of class or representative proceeding. If this class action waiver is found unenforceable, the entirety of Section 9 shall be void as to the affected claim, and such claim shall proceed in court.

9.3 Informal Resolution and Opt-Out

Before initiating arbitration, you agree to attempt to resolve any dispute informally by sending a written notice of the dispute to [email protected] describing the nature of the claim and the relief sought. The parties shall attempt in good faith to resolve the dispute within thirty (30) days of receipt of such notice. You may opt out of this arbitration provision by sending written notice to [email protected] within thirty (30) days after you first accept these Terms, in which case the dispute shall be resolved in court as provided in Section 8.

9.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights, confidential information, or to prevent irreparable harm. Nothing in this Section prevents you from filing a claim in small claims court where the amount in controversy falls within that court's jurisdictional limits.

10. Termination

These Terms remain in effect until terminated. You may terminate these Terms at any time by ceasing all use of the Service and, where applicable, cancelling your subscription in accordance with the procedures described in Section 2. oldhamite may suspend or terminate your access to the Service immediately, with or without notice, if you breach any provision of these Terms, if we are required to do so by law, or if we reasonably determine that continued access presents a security, legal, or operational risk.

Upon termination, your license to use the Service shall immediately cease, and you shall cease all use of the Service and destroy or delete any copies of our software or confidential information in your possession. You shall remain liable for all fees accrued through the effective date of termination, and no refunds shall be provided for prepaid fees except as expressly required by applicable law or as we may determine in our sole discretion. We may, but are not obligated to, retain copies of User Content for a limited period following termination to permit recovery, comply with legal obligations, or resolve disputes.

Sections 4, 5, 6, 7, 8, 9, 10, and 12, together with any other provisions that by their nature should survive termination, shall survive the expiration or termination of these Terms. Termination of these Terms shall not limit any other right or remedy available to either party at law or in equity.

11. Changes to Terms

oldhamite reserves the right to modify, amend, or replace these Terms at any time in its sole discretion. We will post the revised Terms on this page and update the "Last Updated" date accordingly. Where changes are material, we will provide reasonable advance notice, which may include email notification to the address associated with your account or an in-product notice, at least thirty (30) days prior to the effective date of such changes where required by applicable law.

Your continued access to or use of the Service after the effective date of any revised Terms constitutes your acceptance of and agreement to be bound by such revisions. If you do not agree to any revised Terms, you must discontinue use of the Service and, if applicable, cancel your subscription prior to the effective date of the revisions. We recommend that you review these Terms periodically to remain informed of the terms governing your use of the Service.

No modification or amendment to these Terms shall be effective unless made by oldhamite and posted in accordance with this Section, or set forth in a written agreement signed by an authorized representative of Oldhamite. Any conflicting terms in a purchase order, vendor form, or other document issued by you shall be of no force or effect.

12. Contact Information

If you have any questions, concerns, or complaints regarding these Terms, the Service, or your account, please contact oldhamite using the details below. To ensure expeditious handling, please include your account details, a description of your inquiry, and any relevant documentation.

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

Notices to oldhamite shall be deemed effective upon actual receipt at the contact information set forth above. Notices to you shall be deemed effective when sent to the email address associated with your account or when posted within the Service. By using the Service, you consent to receiving electronic communications from oldhamite, which shall satisfy any legal requirement that such communications be in writing. See also our Privacy Policy, Cookie Policy, and Terms of Service for additional terms that may apply to certain aspects of the Service.