Terms of Use

Ouster Inc., Website Terms of Use

Agreement to Terms of Use; Ownership of Site

These Ouster Inc. Website Terms of Use (“Terms”) govern all Ouster.io and Ouster.com webpages (“Site”) The Site is the property of Ouster, Inc. (“Ouster” or “We”). By accessing, visiting, or using the Site, you represent you have the necessary authority to enter into and agree to be bound by these Terms. YOU MUST BE AT LEAST 18 YEARS OLD TO USE THIS WEBSITE.

We reserve the right to change these Terms from time to time at our sole discretion. Please check this page periodically for any updates. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

1. CONTENT

A. Our Site Content.

Our Site contains content owned, operated, licensed and/or controlled by Ouster which we own copyright, trademark, trade secret, or other proprietary rights in and we retain all such rights to (“Site Content”). Site Content includes all content on this Site, including but not limited to, all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Site, and the compilation, assembly, and arrangement of the materials of the Site and any and all copyrightable material (including source and object code), trademarks, logos, trade names, service marks, company names, and trade identities of various parties, including those owned by Ouster and those owned by third parties and licensed to Ouster for use on the Site.

As long as you comply with these Terms of Use, Ouster grants you a personal, non-exclusive, revocable, non-sublicensable, limited license to view the Site Content solely for your internal use of the Site. In addition, if you have an existing business relationship with Ouster, Inc. you may download Site Content for use in accordance with the provisions of your separate agreement with Ouster. We reserve the right to terminate or suspend, at any time, your limited license without any advance notice to you, and without any liability.

The trademarks, logos and service marks (“Marks”) displayed on our Site are the property of Ouster or other third parties. This is a license, not a transfer of title, and your use of Site Content is subject to the following restrictions. You may not: (i) modify the Site Content or use them for any commercial purpose, or any public display, (ii) decompile, reverse engineer, or disassemble Site Content except and only to the extent permitted by applicable law, (iii) remove any copyright or other proprietary notices from the Site Content, (iv) transfer the Site Content to another person and/or (v) copy, reproduce, upload, post, translate or distribute the Site Content in any way to any computer, server, Web Site for distribution or any commercial purpose.

ALL SITE CONTENT, AND THE COMPILATION AND ARRANGEMENT OF THE SITE CONTENT, ARE PROTECTED BY COPYRIGHT AND, WHERE APPLICABLE, OTHER INTELLECTUAL PROPERTY RIGHTS, EXCEPT AS EXPRESSLY SPECIFIED. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED AS CONFERRING BY IMPLICATION, ESTOPPEL OR OTHERWISE ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK OR COPYRIGHT OF OUSTER INC OR ANY THIRD PARTY.

B. Your Content

We do not claim any ownership rights in any text, files, images, photos, video, sounds, software, feedback, works of authorship, or other materials that you upload or otherwise provide to our Site (collectively, "User Content"). However, you grant to Ouster a worldwide, royalty-free, sublicensable, perpetual, irrevocable license to use, modify, publicly perform, publicly display, reproduce, and distribute your User Content for the limited purpose of providing the Site and all related services. You also agree that any other user of this Site may access, view, store, and reproduce your User Content for such user's personal use or otherwise in connection with use of the Site.

You understand, agree, and acknowledge that Ouster may aggregate non-personally identifiable information and demographic data regarding users of its Sites (“Users”), including you, and their behavior on the Site and their activities in regard to the Site and User Content (“Data”). Ouster may use and retain this Data for any purpose (including but not limited to, improving or modifying the Site) without any compensation or royalty owed to you or to any other User.

All User Content is considered nonconfidential and public. Please do not submit any confidential or private information.

If you provide us with any feedback or ideas, you authorize Ouster to use your feedback for any purpose, without any restriction or limitation.

If you believe that your copyright or other rights have been infringed, please provide our Designated Agent written notice with the following information:

-An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest; -A description of the copyrighted work or other work that you claim has been infringed; -A description of where the material that you claim is infringing is located on our sites, networks or other repositories; -Your address, telephone number, and email address; -A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; -A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Designated Agent for claims of copyright infringement is:

Office of General Counsel Ouster, Inc. 350 Treat Avenue San Francisco, CA 95134 Attn: Copyright Agent

2. PRIVACY

Ouster’s Privacy Policy, including our Cookie Policy, describes how we will protect your privacy and handle your personal information when using our Site. By using the Site, you agree that Ouster can use such information with this policy.

3. USER CONDUCT ON OUR SITE

In addition to these Terms and our Privacy Policy, you must abide by the following rules of conduct:

Do not display, send, receive or store obscene or inappropriate content; Do not violate any copyright, trademark, or other intellectual property laws; Do not threaten, harass, stalk, defame or defraud any person or entity; Do not advertise, promote, endorse or market, any third party commercial products, services, solutions, or other technologies; Do not engage in or promote any illegal or criminal activity such as child pornography, gambling or piracy; Do not distribute unwanted, unsolicited or harassing mass email or other messages, promotions, advertising or solicitations; Do not decompile, disassemble, translate or reverse engineer any portion of the Site or the Site Content, or otherwise discover or duplicate any technology, routines, computer software, algorithms, methods or underlying ideas or design or user interface techniques included in any portion of the Site or the Site Content; Do not monitor, gather, copy, or distribute such Site Content (except as may be a result of standard search engine or activity or use of a standard Internet browser) on the Site by using any robot, rover, “bot,” spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; Do not circumvent, disable or otherwise interfere with the security features of the Site or the Site Content, or any features that prevent or restrict use or copying of any Site Content or enforce limitations on use of the Site Content; Do not collect, store, harvest, or publish any personally identifiable information, including usernames and passwords, from the Site without the owner’s knowledge and consent or of a minor under the age of eighteen; Do not attack, abuse, interfere with, intercept, disrupt, or exploit any users, systems or services, regardless of how accomplished and notwithstanding anything to the contrary in these Terms, monitoring, or transmuting any viruses, worms, defects, Trojan horses or other code sequence or routines of a destructive nature on the Site; Do not make unauthorized use of Site Content owned by Ouster or its licensors or of materials owned by a third party;

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT ANY VIOLATION OF THE FOREGOING PROVISIONS MAY, IN OUSTER’S SOLE DISCRETION AND JUDGMENT, SUBJECT YOU TO THE IMMEDIATE SUSPENSION OR TERMINATION OF YOUR ACCOUNT, AND MAY SUBJECT YOU TO CRIMINAL LIABILITY AND/OR LIABILITY FOR DAMAGES, COSTS, EXPENSES, OR FEES (INCLUDING ATTORNEY’S FEES) INCURRED BY OUSTER IN ENFORCING ITS RIGHTS AGAINST YOU UNDER THIS AGREEMENT.

4. USER ACCOUNTS AND PROFILES

To access or use some features of the Site, you may be required to create an account, profile, or download Ouster software. We may also offer access to certain services and features of the Site to you for a fee. In those situations, and when using Ouster products as part of the Site, additional terms may apply and those terms become part of your agreement with us. In the event of any conflict between such additional terms and these Terms, the additional terms control.

User accounts, profiles, usernames and passwords must be associated with only one person unless otherwise agreed to by Ouster. If you create an account or profile, the information you provide must be truthful and accurate. You may not allow another person or entity to use your profile nor use the account of another person or entity. You agree to take all reasonable precautions to protect your account information and are responsible for all activities that occur on the Site under your username. You must notify us immediately of any unauthorized use of your account or of any breach in security that you are aware of.

We may, in our sole discretion, (i) restrict, suspend or terminate your access to any or all of the Site or (ii) cease to provide and maintain the Site, in whole or in part, for any or no reason, with or without prior notice, and without liability. Upon doing so, we may retain or delete any information or content that you provided, subject to applicable law.

5. INDEMNIFICATION

You agree to defend, indemnify and hold Ouster, its parent company, its officers, directors, employees, agents, and representatives harmless against any losses, expenses, costs, claims, damages (including reasonable attorneys’ fees, expert fees and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to your breach of these Terms.

6. DISCLAIMERS AND LIMITATIONS OF LIABILITY

Although we have attempted to provide accurate information on our Site, we assume no responsibility for the accuracy of the information. We do not endorse or assume responsibility for user conduct or what users submit to our Site, we assume no responsibility for the accuracy of the information.

Our Site contains links to third party sites. We provide these links merely as a convenience and the inclusion of such links does not imply any endorsement of their content. Access to any other site linked to this Site is at your own risk and we are not responsible for the accuracy or reliability of any information, data or content made on such sites.

Ouster undertakes no responsibility for, and disclaims all liability arising from, any inability of your or other users to access the Site. Ouster provides access to the Site on an “AS IS” basis and makes no representations that the Site will be available or fully operative at any time.

You are solely responsible for maintaining the confidentiality of your account, registration, and password information. Ouster will not be liable for any harm caused by, or related to, the theft or misappropriation of your username or password, disclosure of your username or password, or your authorization of anyone else to use your username or password.

The Site and all information on the Site are subject to applicable federal, state, and local laws, and U.S. export control laws, and may also be subject to the laws of the country where you reside. We reserve the right to investigate and take appropriate action against anyone who, in Ouster's sole discretion, is suspected of violating any applicable law, including, without limitation, reporting you to law enforcement authorities.

Some of the information on our Site may contain projections or other forward-looking statements regarding future events or the future financial performance of Ouster. Such statements are only predictions and actual events or results may differ materially.

THIS SITE IS PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, OUSTER DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, OR THAT ARISE FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

IN NO EVENT WILL OUSTER’S LIABILITY UNDER THESE TERMS OR IN CONNECTION WITH THE SITE CONTENT, CONTENT, THE SITE, OR ANY OTHER ITEMS OR SERVICES PROVIDED HEREUNDER, REGARDLESS OF THE CLAIM OR FORM OF ACTION, INCLUDE ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR CLAIMS FOR LOSS OF BUSINESS OR PROFITS, UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL THEORY, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF OUSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.

OUSTER DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE, SITE CONTENT, OR CONTENT. ALL USE OF THIS SITE IS AT YOUR OWN RISK.

7. GENERAL PROVISIONS

We reserve the right to change these Terms at any time, without notice, at our sole discretion. These Terms are governed by and construed in accordance with the laws of the United States and the State of California, U.S.A. with exclusive personal jurisdiction and venue in the state and federal courts of Santa Clara County, State of California, U.S. A. If any provision of these Terms is found to be invalid or unenforceable, that provision will be struck, and their remaining provisions will remain in full effect. If you or others violate these Terms and we take no immediate action, this in no way limits or waives our rights, such as our right to take action in the future or in similar situations.

These Terms were last updated on July 7, 2023 and are effective immediately.