Terms of Use
ARCHIVED VERSION. This document has been superseded and is preserved here for reference by users who accepted it. The current version is at /terms.
Version 3.0 — Effective August 3, 2026 (posted July 4, 2026)
These Terms incorporate by reference our Privacy Policy, Acceptable Use Policy, Data Processing Agreement, API Terms (where your subscription includes API access), and Service Level Agreement (where your plan includes it). For accounts created on or after the posted date above, this version applies upon acceptance at signup. Prior version: 2.1, effective January 14, 2026.
1. Acceptance of Terms
Welcome to Oystercatcher. These Terms of Use ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Oystercatcher, LLC, a Connecticut limited liability company ("Oystercatcher," "we," "our," or "us"), governing your access to and use of the Oystercatcher website at oystercatcher.ai (the "Site") and our lead scoring and sales intelligence platform, including any associated applications, features, and services (collectively, the "Service").
By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Service.
If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" and "your" will refer to that organization.
2. Description of Service
Oystercatcher is a business-to-business ("B2B") software-as-a-service ("SaaS") platform designed for healthcare sales teams. The Service provides:
- Lead Scoring: AI-powered scoring of medical professional leads based on relevance, readiness, and reach criteria
- Medical Professional Data: Access to information about healthcare providers compiled from public records
- Vibe Targeting: Natural language processing to define ideal customer profiles
- Campaign Management: Tools to create, manage, and track lead generation campaigns
- Contact Exports: Ability to export lead contact information within subscription limits
- Team Collaboration: Features for team-based lead management, assignments, and territories
- CRM Integration: Connections to third-party customer relationship management systems
- API Access: Programmatic access to platform features (where included in subscription)
The specific features available to you depend on your subscription tier. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time. Uptime commitments and service credits, where included in your plan, are set out in our Service Level Agreement.
2.1 Beta Features
We may make features identified as beta, preview, pilot, or early access available to you. Beta features are provided for evaluation, may be modified or discontinued at any time without notice, are excluded from any Service Level Agreement, and are provided "as is" without any warranty or commitment.
3. Eligibility and Account Registration
3.1 Eligibility
To use the Service, you must:
- Be at least 18 years of age
- Have the legal capacity to enter into a binding contract
- Not be prohibited from using the Service under applicable law
- Use the Service only for lawful business purposes
3.2 Account Registration
To access the Service, you must create an account by providing accurate, current, and complete information. You agree to update your account information to keep it accurate and complete.
3.3 Account Security
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately at [email protected] of any unauthorized access or use of your account
We are not liable for any loss or damage arising from your failure to protect your account credentials.
3.4 Organization Accounts
If you create an account on behalf of an organization, you may invite other users to join your organization. Organization administrators are responsible for managing user access, permissions, and compliance with these Terms by all organization members.
4. Subscriptions and Payment
4.1 Subscription Plans
The Service is offered through various subscription tiers with different features, user limits, and pricing. Current subscription plans and pricing are available on our pricing page. Price changes do not affect your then-current subscription term; they take effect at your next renewal, provided we notify you at least 30 days before the renewal date.
4.2 Billing
Subscription fees are billed monthly or annually in advance, depending on the billing interval you select at checkout, unless otherwise agreed in writing. Monthly subscriptions are billed each month and may be canceled at any time, effective at the end of the then-current monthly billing period. Annual subscriptions are a twelve (12) month prepaid term, billed in advance for the full term. By subscribing, you authorize us to charge your designated payment method for all applicable fees when due.
4.3 Plan Seats
Each subscription plan includes a base number of user seats as described on our pricing page. The plan's base fee covers the included seats. You may add seats beyond the included number at the per-seat rate stated for your plan, up to the plan's maximum seat limit; added seats are charged in addition to the base fee for the same billing interval. Enterprise plans may include custom seat allocations or seat-based pricing as agreed in writing.
4.4 Usage Quotas
Subscription plans include monthly quotas for certain features, such as contact exports and AI-powered research. Quotas reset at the beginning of each calendar month within your subscription term. Exceeding quotas may result in additional charges at the overage rates published on our pricing page or stated in your Order Form — we will not charge overages at rates that were not disclosed to you in advance — or in temporary feature restrictions.
4.5 Payment Processing
Payment processing is handled by our third-party payment processor, Stripe, Inc. By providing payment information, you agree to Stripe's Services Agreement.
4.6 Failed Payments
If a payment fails, we will attempt to process the payment again and may suspend access to the Service until payment is received. We will provide notice of payment failures and an opportunity to update payment information before suspension.
4.7 Refunds
Subscription fees are non-refundable except (a) where required by applicable law, (b) as expressly provided in these Terms, the Service Level Agreement, or the Data Processing Agreement, or (c) as agreed in writing. If you cancel your subscription, you will retain access to the Service until the end of your current billing period, but no refund will be issued for the remaining period.
4.8 Taxes
Fees are exclusive of taxes. You are responsible for paying all applicable taxes, including sales, use, VAT, and similar taxes. If we are required to collect taxes, they will be added to your invoice.
4.9 Automatic Renewal
Your subscription renews automatically. Monthly subscriptions renew each month, and annual subscriptions renew for successive twelve (12) month terms, in each case unless you cancel before the start of the next billing period (monthly plans) or before the start of the next annual term (annual plans). At each renewal, we will charge your payment method on file at the then-current rate for your plan. For annual subscriptions, we will send a reminder to your account email between fifteen (15) and forty-five (45) days before the renewal date, stating the renewal date, the renewal price (including any change from your current price), and how to cancel. You can cancel at any time in your account settings or by contacting [email protected]; cancellation takes effect at the end of the current billing period or term.
4.10 Free Trials
We may offer a free trial that requires a payment method at signup. Unless you cancel before the trial ends, your subscription will begin automatically at the end of the trial and your payment method will be charged at the rate for the plan you selected. We will notify you before your trial expires. Trial features, quotas, and duration are described at signup and may differ from paid plans.
4.11 Paid Pilots and Annual Commitments
Paid pilot or evaluation subscriptions are prepaid for their stated term and are non-refundable except as provided in Section 4.7. Where a plan is described as an annual commitment billed monthly, you are committing to twelve (12) monthly payments. If you cancel such a plan mid-term, your access continues, and we will continue to charge your payment method monthly, through the end of the twelve-month term; alternatively, you may elect to pay the remaining balance in a lump sum. If a monthly payment fails and is not cured within fifteen (15) days after notice, the remaining balance for the term becomes immediately due. The applicable structure is disclosed at checkout or in your Order Form.
5. Acceptable Use
5.1 Permitted Use
You may use the Service only for lawful business purposes in accordance with these Terms and our Acceptable Use Policy, which is incorporated into these Terms by reference. The Service is designed for healthcare sales and marketing professionals to identify and engage with medical professional leads. If this Section 5 and the Acceptable Use Policy address the same conduct, the more restrictive provision controls.
5.2 Prohibited Conduct
Without limiting the Acceptable Use Policy, which contains the complete conduct rules (including communications-law and healthcare-industry requirements), you agree not to:
- Violate any applicable law or regulation, or use the Service for any fraudulent, deceptive, or misleading purpose
- Attempt to gain unauthorized access to any part of the Service, other accounts, or computer systems, or interfere with or disrupt the Service
- Reverse engineer, decompile, or attempt to derive the source code of the Service, or create derivative works based on it
- Use any automated means (bots, scrapers, spiders) to access or collect data from the Service beyond approved API usage
- Resell, sublicense, or redistribute the Service or any data obtained from it without authorization
- Use the Service to build a competing product or service, or benchmark the Service for publication without our prior written consent
- Upload or transmit viruses, malware, or other harmful code, or impersonate any person or entity
5.3 Compliance with Healthcare Marketing Laws
When using medical professional data obtained through the Service, you are solely responsible for compliance with all applicable laws and regulations, including but not limited to:
- CAN-SPAM Act: Requirements for commercial email communications
- TCPA: Telephone Consumer Protection Act restrictions on calls and text messages
- State Laws: State-specific telemarketing and email regulations
- GDPR: General Data Protection Regulation for EU data subjects
- Industry Codes: PhRMA Code, AdvaMed Code, and similar industry guidelines
5.4 API Usage
If your subscription includes API access, your use of the API is governed by our API Terms, incorporated by reference, together with our API documentation and any rate limits we impose. We may suspend API access for excessive usage or abuse.
6. Medical Professional Data
6.1 Data Sources and Accuracy
The Service provides access to information about medical professionals compiled from publicly available sources, including the NPI Registry, state medical licensing boards, CMS Medicare data, and other public records. While we strive to provide accurate and up-to-date information, we do not guarantee the accuracy, completeness, or currency of this data. Oystercatcher acts as an independent controller of this compiled dataset; copies you export, annotate, or sync into your own systems are your responsibility as an independent controller (see the Data Processing Agreement and Provider Data Notice).
6.2 No Warranties on Data
Medical professional data is provided "as is" without warranties of any kind. You acknowledge that:
- Public records may contain errors or outdated information
- Professional status, licensure, and contact information may change
- We are not the original source of this data and cannot verify its accuracy
- You are responsible for verifying information before relying on it
6.3 Data Usage Restrictions
You agree to:
- Use medical professional data only for legitimate business purposes
- Comply with all applicable laws when contacting medical professionals
- Respect opt-out requests and maintain suppression lists
- Not resell, redistribute, or make available the raw data to third parties
- Not use the data to harass, stalk, or harm any individual
- Not use the data for discriminatory purposes
6.4 Medical Professional Inquiries
Medical professionals who wish to inquire about their information in our database, request corrections, or request suppression of their profile may contact us at [email protected] or review our Provider Data Notice. If a medical professional asks you directly to stop using their information, or we notify you that a record has been suppressed or corrected, you must apply that request to your exported copies — including ceasing outreach and suppressing or deleting the record from your systems — within ten (10) business days.
6.5 Not a Consumer Reporting Agency; No FCRA or Eligibility Uses
Oystercatcher is not a consumer reporting agency, and the Service and its data do not constitute "consumer reports" as defined by the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) ("FCRA"). You may not use the Service or any data obtained from it, in whole or in part: (a) as a factor in establishing any individual's eligibility for employment, credentialing, licensure, insurance, credit, housing, government benefits, or any other purpose covered by the FCRA or analogous state laws; or (b) to make decisions about any individual's professional standing, including hiring, privileging, or credentialing decisions based on licensure or disciplinary information in the Service. Violation of this Section is a material breach and grounds for immediate termination.
6.6 AI-Generated Content
Certain features of the Service, including lead scoring, natural-language targeting, and AI-powered research reports, produce machine-generated content using artificial intelligence. AI-generated content may contain errors, omissions, or inaccuracies, including inaccurate statements about identifiable individuals. You must independently verify AI-generated content before relying on it or taking any action that affects an individual or business, and you may not represent AI-generated content as independently verified fact. AI-generated content is provided for lead-prioritization and research-assistance purposes only.
7. User Content and Data
7.1 Your Data
"Your Data" means any data, content, or information that you upload, submit, or input into the Service, including campaign configurations, notes, tags, custom fields, and data imported from your CRM systems.
7.2 Ownership
You retain all ownership rights in Your Data. By using the Service, you grant us a limited, non-exclusive, royalty-free license to use, process, and display Your Data solely as necessary to provide, secure, and support the Service, and to improve the Service using data that has been aggregated or de-identified so that it no longer identifies you or your users. We do not use Your Data to train generalized artificial-intelligence models.
7.3 Our Data
We retain ownership of all platform data, including medical professional data, lead scores, analytics, aggregated insights, and any data we generate through the Service. You receive only a limited license to access and use such data through the Service during your subscription.
7.4 Data Portability
Upon request, and subject to applicable law, we will provide you with a copy of Your Data in a standard format. We are not required to provide copies of our proprietary data or analytics.
7.5 Data Security
We implement industry-standard security measures to protect Your Data. However, no system is completely secure, and we cannot guarantee absolute security. You are responsible for maintaining backups of Your Data.
7.6 No Protected Health Information
The Service is not intended for, and you shall not submit, Protected Health Information ("PHI") as defined under the Health Insurance Portability and Accountability Act ("HIPAA"), or special categories of personal data under the GDPR. Oystercatcher is not a "business associate," these Terms do not create a business associate relationship, and no Business Associate Agreement is offered. You are solely responsible for any PHI submitted in violation of this Section.
8. Third-Party Integrations
8.1 CRM Integrations
The Service may integrate with third-party CRM systems (currently Salesforce; we may offer additional integrations over time). Use of these integrations is subject to the terms and privacy policies of those third-party services.
8.2 Authorization
By connecting a third-party service, you authorize us to access, retrieve, and transmit data between the Service and the third-party service as necessary to provide the integration functionality.
8.3 Third-Party Terms
You are responsible for complying with the terms of service of any third-party services you connect. We are not responsible for the availability, accuracy, or performance of third-party services.
9. Intellectual Property
9.1 Our Intellectual Property
The Service, including all software, algorithms, designs, text, graphics, logos, icons, images, audio clips, and data compilations, is owned by Oystercatcher or our licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
9.2 Limited License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes during your subscription term.
9.3 Trademarks
"Oystercatcher," our logo, and other marks are trademarks of Oystercatcher, LLC. You may not use our trademarks without our prior written consent.
9.4 Feedback
If you provide us with feedback, suggestions, or ideas about the Service ("Feedback"), you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use, modify, and incorporate the Feedback into the Service without any obligation to you.
10. Confidentiality
10.1 Confidential Information
Each party may have access to confidential information of the other party. "Confidential Information" means any non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential.
10.2 Obligations
Each party agrees to: (a) protect the other party's Confidential Information using the same degree of care it uses to protect its own confidential information, but no less than reasonable care; (b) not disclose Confidential Information to third parties except as necessary to perform under these Terms; and (c) use Confidential Information only for purposes related to these Terms.
10.3 Exceptions
Confidentiality obligations do not apply to information that: (a) is or becomes publicly available without breach; (b) was known to the receiving party prior to disclosure; (c) is independently developed without use of Confidential Information; or (d) is rightfully obtained from a third party without restriction.
11. Disclaimers
11.1 "As Is" Basis
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
11.2 No Guarantees
WE DO NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE DATA PROVIDED THROUGH THE SERVICE WILL BE ACCURATE, COMPLETE, OR CURRENT; (D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; OR (E) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11.3 Third-Party Data
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY THIRD-PARTY DATA, INCLUDING MEDICAL PROFESSIONAL INFORMATION COMPILED FROM PUBLIC SOURCES. YOU USE SUCH DATA AT YOUR OWN RISK.
11.4 Not Medical or Legal Advice
The Service is a business tool and does not provide medical, legal, or professional advice. You should consult appropriate professionals for advice specific to your situation.
12. Limitation of Liability
12.1 Exclusion of Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY, OR OYSTERCATCHER'S AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 Cap on Liability
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR, IF YOU HAVE PAID NO FEES, ONE HUNDRED DOLLARS ($100).
12.3 Basis of the Bargain
THE LIMITATIONS IN THIS SECTION REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. THE SERVICE WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS.
12.4 Jurisdictional Limitations
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability will be limited to the fullest extent permitted by law.
13. Indemnification
13.1 By You
You agree to indemnify, defend, and hold harmless Oystercatcher and its affiliates, officers, directors, employees, agents, and licensors from and against any and all third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your violation of these Terms, including the Acceptable Use Policy
- Your violation of any applicable law or regulation
- Your violation of any third-party rights, including privacy or intellectual property rights
- Your use of medical professional data, including any communications with medical professionals
- Any content or data you submit or transmit through the Service
13.2 By Oystercatcher
We will indemnify, defend, and hold you harmless from and against third-party claims alleging that the Service, as provided by us and used in accordance with these Terms, infringes that third party's U.S. patent, copyright, or trademark, or misappropriates its trade secrets. This obligation does not apply to claims arising from Your Data, your combination of the Service with items not provided by us, your modification of the Service, or use in violation of these Terms. If the Service becomes, or in our opinion is likely to become, the subject of such a claim, we may procure the right for you to continue using it, modify or replace it so it is non-infringing, or terminate the affected subscription and refund prepaid, unused fees. This Section states our entire liability, and your exclusive remedy, for infringement claims.
13.3 Procedure
The indemnified party must promptly notify the indemnifying party in writing of any claim (except that late notice reduces the obligation only to the extent of resulting prejudice), give the indemnifying party sole control of the defense and settlement (provided any settlement fully releases the indemnified party without admission of fault), and provide reasonable cooperation at the indemnifying party's expense.
14. Term and Termination
14.1 Term
These Terms are effective when you first access or use the Service and continue until terminated. Your subscription term and billing interval are those you selected at checkout, or, for subscriptions purchased under a separately executed Order Form or Master Subscription Agreement, as set forth in that document (which controls over these Terms to the extent of any conflict).
14.2 Termination by You
You may terminate your account at any time through your account settings or by contacting us at [email protected]. Termination by you does not entitle you to a refund of prepaid fees, except as provided in Section 4.7.
14.3 Suspension and Termination by Us
For cause. We may suspend or terminate your access to the Service immediately, with notice where practicable, if: (a) you materially breach these Terms (including the Acceptable Use Policy) and, where the breach is curable, fail to cure within fifteen (15) days of notice; (b) you fail to pay fees when due after the process in Section 4.6; (c) we are required to do so by law; or (d) your conduct poses a security risk to the Service, other customers, or any third party.
For convenience or discontinuation. We may terminate your subscription, or discontinue the Service or any material part of it, for any other reason only upon at least thirty (30) days' written notice to your account email.
14.4 Effect of Termination
Upon termination: (a) your right to access and use the Service will cease; (b) you must pay any outstanding fees; (c) we may delete Your Data after a reasonable period (typically 30 days), during which you may export it; and (d) all provisions that by their nature should survive will survive, including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution. If we terminate other than for your breach, or discontinue the Service, we will refund the prorated portion of any prepaid fees for the unused remainder of your subscription term — this is an exception to Section 4.7.
15. Dispute Resolution
15.1 Governing Law
These Terms and any disputes arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict of law provisions.
15.2 Informal Resolution
Before initiating any formal dispute resolution, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. We will attempt to resolve disputes within 30 days.
15.3 Binding Arbitration
If we cannot resolve a dispute informally, any controversy or claim arising out of or relating to these Terms or the Service shall be settled by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules (or, where the AAA determines its Consumer Arbitration Rules apply to a particular user, those rules). The Federal Arbitration Act governs this Section. The arbitrator, and not any court, shall have exclusive authority to resolve disputes about the interpretation, applicability, or enforceability of this arbitration agreement, which survives termination of these Terms. The arbitration shall be conducted in Hartford, Connecticut, unless the parties agree otherwise; hearings may be conducted by videoconference where the arbitrator permits. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. Either party may instead bring an individual claim in small claims court in a court of competent jurisdiction.
15.4 Class Action Waiver
YOU AND OYSTERCATCHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If this class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in the state or federal courts located in Connecticut rather than in arbitration.
15.5 Coordinated Filings
If twenty-five (25) or more arbitration demands raising similar claims are filed against Oystercatcher with the assistance or coordination of the same or coordinated counsel, the parties agree the demands shall be resolved in staged proceedings: the AAA's Mass Arbitration Supplementary Rules shall apply, an initial set of up to ten (10) bellwether arbitrations shall proceed first, and the parties shall then mediate the remaining demands informed by the bellwether outcomes before any further arbitrations proceed. Statutes of limitations are tolled for demands held in abeyance under this Section.
15.6 Exceptions
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidentiality obligations.
16. General Provisions
16.1 Entire Agreement
These Terms, together with our Privacy Policy, Acceptable Use Policy, Data Processing Agreement, API Terms, Service Level Agreement (where applicable), and any other agreements incorporated by reference, constitute the entire agreement between you and Oystercatcher regarding the Service and supersede all prior agreements and understandings.
16.2 Modifications
We may modify these Terms. For material changes, we will provide at least thirty (30) days' advance notice by email to your account email and by posting the updated Terms with a new version number and effective date. Material changes take effect on the stated effective date and, for paid subscriptions, no material change that is adverse to you will take effect until your next renewal unless required by law. If you do not agree to a material change, you may decline renewal or terminate the affected subscription before the change's effective date. Your continued use of the Service after the effective date constitutes your acceptance of the modified Terms.
16.3 Waiver
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Oystercatcher.
16.4 Severability
If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms, and the remaining provisions will remain in full force and effect.
16.5 Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. These Terms will bind and inure to the benefit of the parties and their permitted successors and assigns.
16.6 Force Majeure
Neither party will be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet or telecommunications failures, or third-party service outages.
16.7 Independent Contractors
The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.
16.8 No Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights except as expressly provided herein.
16.9 Notices
Notices to you may be made via email to the address associated with your account. Notices to us must be sent to [email protected].
16.10 Export Compliance
You agree to comply with all applicable export control laws and regulations. You may not access or use the Service if you are located in, or a national or resident of, any country subject to comprehensive U.S. sanctions, and you represent that you are not on any U.S. government denied-party list.
16.11 Government Users
If you are a U.S. government entity, you acknowledge that the Service is "commercial computer software" and "commercial computer software documentation" as defined in applicable federal acquisition regulations.
17. Contact Information
If you have questions about these Terms, please contact us:
Oystercatcher, LLC
2389 Main St., Ste 100, Glastonbury, CT 06033, United States
Email: [email protected]
For general support inquiries: [email protected]