Terms and Conditions of Service

1. About Oshi and Acceptance of Terms

Oshi ("App," "Platform," "Service") is a content-sharing mobile application owned and operated by Oshi Labs Inc, a corporation registered in the State of California, with its principal place of business at 1301 N Broadway #32352, Los Angeles, California, CA 90012 (referred to herein as "Oshi Labs," "we," "us," or "our").

Oshi allows users to create profiles, share images, audio, and video content, engage with other users' posts through likes and comments, and send direct messages to other users.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Oshi Labs Inc. By downloading, installing, registering for, or otherwise accessing the App, you confirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional guidelines or policies we may post from time to time.

2. Eligibility and Age Requirements

Oshi is intended for users who are 16 years of age or older. By accessing or using the Service, you represent and warrant that:

• You are at least 16 years of age;
• You have the legal capacity and authority to enter into these Terms;
• You are not barred from using the Service under applicable law in your jurisdiction;
• You will comply with all applicable local, state, national, and international laws and regulations.

We do not knowingly collect personal information from individuals under the age of 16. If we become aware that a user is under 16, we will immediately terminate their account and delete associated data. If you believe a minor under 16 has registered on the Platform, please contact us at team@oshi4ever.com.

3. Account Registration and Security

3.1 Creating an Account

To access most features of Oshi, you must register for an account. When registering, you agree to provide accurate, current, and complete information, and to update such information as necessary to keep it accurate.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to:

• Choose a strong and unique password;
• Not share your account credentials with any third party;
• Notify us immediately at team@oshi4ever.com if you suspect any unauthorized use of your account;
• Not create more than one account per person, or create accounts using fraudulent or third-party identities.

Oshi Labs will not be liable for any loss or damage arising from your failure to comply with these security obligations.

3.3 Account Termination

You may delete your account at any time through the in-app account settings or by contacting us at team@oshi4ever.com. Upon deletion, we will process your request in accordance with our Privacy Policy. We reserve the right to retain certain data as required by law or for legitimate business purposes.

4. User-Generated Content

4.1 Your Content

Oshi allows you to upload, post, transmit, or otherwise make available images, audio recordings, video clips, text, comments, messages, and other materials ("User Content"). You retain full ownership of any intellectual property rights that you hold in your User Content.

4.2 License Grant to Oshi Labs

By submitting User Content to the Platform, you grant Oshi Labs Inc a non-exclusive, royalty-free, worldwide, sublicensable, transferable license to use, host, store, reproduce, modify, adapt, publish, translate, distribute, publicly display, and publicly perform your User Content in connection with:

• Operating, maintaining, and improving the Platform;
• Promoting and marketing the Platform and Oshi Labs' services across any media channels, including but not limited to social media, advertisements, press materials, and partner channels;
• Developing new features and services;
• Any other purpose disclosed in our Privacy Policy.

This license continues even if you stop using the Platform, except that once you delete User Content, we will cease using it in new marketing materials within a reasonable time, subject to content already distributed or cached.

4.3 Marketing Use of Your Content

You explicitly acknowledge and agree that Oshi Labs may use your publicly posted User Content, including your username, profile image, and posts, for marketing and promotional purposes without additional compensation or prior notice to you. If you do not wish your content to be used for marketing purposes, you may set your account to private or delete the relevant content.

4.4 Your Representations

By posting User Content, you represent and warrant that:

• You own or have the necessary licenses, rights, consents, and permissions to grant the rights described herein;
• Your User Content does not infringe the intellectual property, privacy, publicity, or other rights of any third party;
• Your User Content complies with these Terms and all applicable laws.

5. Prohibited Content and Conduct

You agree that you will not use Oshi to upload, post, transmit, or otherwise share content or engage in behavior that:

• Is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable;
• Infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any party;
• Constitutes unauthorized or unsolicited advertising, spam, or any other form of solicitation;
• Contains software viruses or any other code designed to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment;
• Depicts, promotes, or facilitates self-harm, suicide, eating disorders, or dangerous activities;
• Sexually exploits or endangers minors in any way;
• Depicts graphic violence, gore, or non-consensual acts;
• Constitutes hate speech or discrimination based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or other protected characteristics;
• Involves the impersonation of any person or entity, or misrepresentation of your affiliation with any person or entity;
• Violates the privacy of others, including sharing personal information without consent (doxxing);
• Involves unauthorized access to or interference with Oshi's systems, servers, or networks;
• Violates any applicable local, state, national, or international law or regulation.

Oshi Labs reserves the right, but not the obligation, to monitor, review, refuse to post, or remove any User Content that violates these Terms or that we deem, in our sole discretion, to be harmful to the Platform or its community.

6. Intellectual Property Rights

6.1 Oshi's Intellectual Property

All rights, title, and interest in and to the Oshi Platform, including its design, graphics, logos, text, software, features, and functionality, are owned by Oshi Labs Inc or its licensors and are protected by copyright, trademark, patent, and other applicable laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

6.2 Trademarks

"Oshi" and the Oshi logo are trademarks of Oshi Labs Inc. You may not use these marks without our prior written permission.

6.3 Copyright Infringement / DMCA

If you believe that your copyrighted work has been posted on Oshi without authorization, please submit a notice of alleged infringement to our designated agent at team@oshi4ever.com with the following information:

• A description of the copyrighted work you claim has been infringed;
• A description of where the infringing material is located on the Platform;
• Your contact information;
• A statement that you have a good faith belief that the disputed use is not authorized;
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

7. Privacy and Analytics

Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, describes how we collect, use, store, and share information about you when you use Oshi. By using the Platform, you consent to our collection and use of your data as described in the Privacy Policy.

Oshi Labs uses third-party analytics services, including Firebase (Google LLC) and MixPanel, to help us understand how users interact with the Platform and to improve our Service. These third-party providers operate under their own privacy policies, and we encourage you to review them. You can learn more about Google's data practices at policies.google.com.

8. Direct Messaging

Oshi allows users to send direct messages to one another. You acknowledge that:

• Messages sent through Oshi are subject to these Terms and our Community Guidelines;
• Oshi Labs does not routinely monitor private messages, but reserves the right to review messages in connection with reported violations of these Terms or applicable law;
• You will not use messaging features to harass, threaten, spam, solicit, or otherwise harm other users;
• You will not use messaging features to share unlawful or prohibited content as described in Section 5 above.

9. Third-Party Links and Services

The Platform may contain links to third-party websites, services, or resources. Oshi Labs does not endorse and is not responsible or liable for any content, products, services, or practices of such third parties. Your interactions with third-party services are governed by their own terms and privacy policies.

10. Platform Availability and Changes to Terms

Oshi is available on the Apple App Store and the Google Play Store. We reserve the right to modify, suspend, or discontinue the Service (or any portion thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

We may also update these Terms from time to time. When we do, we will revise the "Effective Date" at the top of this document and, where required by law, notify you by email or in-app notification. Your continued use of the Platform following any such changes constitutes your acceptance of the revised Terms.

11. Disclaimer of Warranties

The Oshi Platform is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Oshi Labs does not warrant that: (a) the Service will function uninterrupted, secure, or free from errors; (b) any defects or errors will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.

12. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Oshi Labs Inc, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of (or inability to access or use) the Service;
• Any conduct or content of any third party on the Service;
• Any content obtained from the Service;
• Unauthorized access, use, or alteration of your transmissions or content.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

13. Indemnification

You agree to defend, indemnify, and hold harmless Oshi Labs Inc and its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms;
• Your User Content;
• Your use of the Platform;
• Your violation of any third-party right, including any intellectual property, privacy, or proprietary right;
• Any claim that your User Content caused damage to a third party.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

14.2 Informal Resolution

Before initiating formal legal proceedings, we encourage you to contact us first at team@oshi4ever.com. We will attempt in good faith to resolve any dispute informally within 30 days of receiving your notice.

14.3 Jurisdiction

If a dispute cannot be resolved informally, you agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in Los Angeles County, California. You consent to the personal jurisdiction and venue of such courts.

14.4 Class Action Waiver

To the extent permitted by law, you agree that any claims must be brought in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

15. International Users

Oshi is available worldwide. If you access the Platform from outside the United States, you do so at your own initiative and are responsible for compliance with applicable local laws. You consent to the transfer of your information to the United States and its processing there.

Users located in the European Economic Area (EEA) or United Kingdom have additional rights under the General Data Protection Regulation (GDPR) and UK GDPR, including the right to access, rectify, erase, restrict, or object to the processing of their personal data. To exercise these rights, please contact us at team@oshi4ever.com.

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Oshi Labs Inc regarding the Service and supersede all prior agreements.

16.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations freely without restriction.

16.5 Force Majeure

Oshi Labs shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, labor disputes, or governmental actions.

17. Contact Us

If you have any questions, concerns, or requests regarding these Terms or our practices, please contact us: