TERMS AND CONDITIONS
PREAMBLE
Otium Terms and Conditions ("Terms") govern your access to and use of Otium's websites, mobile applications, and related services (collectively, the "Services"), including the purchase of courses, subscriptions, and other products offered through our platform. By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use our Services. These Terms constitute a legally binding agreement between you and Otium, Inc. ("Otium", "we", "us", or "our").
I. — SERVICES
You acknowledge that you are acquiring a right to access the educational content and services provided by Otium. The nature of the services, their scope, and the conditions of their provision are detailed below.
1.1. — Otium's Obligations
For the specific duration specified in your subscription or purchase, Otium commits to providing you with access to the Services as described at the time of your purchase. This includes access to course materials, instructor support where applicable, and platform features associated with your subscription tier. Otium shall maintain the platform in good working order and provide reasonable technical support.
1.2. — Your Obligations
The Products and Services are provided exclusively for your personal, non-commercial use. You agree to use the Services only for lawful purposes and in accordance with these Terms. You shall not share your account credentials, redistribute course content, or engage in any activity that could harm the platform, its users, or its instructors. You are responsible for maintaining the confidentiality of your account information.
II. — PURCHASE
To purchase one or more products or services on Otium, you must create an account and provide accurate, complete registration information. By making a purchase, you represent that you have the legal capacity to enter into binding contracts and that all information you provide is accurate. You acknowledge that prices, availability, and course content may change without notice. All purchases are subject to acceptance by Otium, and we reserve the right to refuse or cancel any order at our discretion.
III. — PAYMENTS AND CREDITS
When you make a payment, you agree to use a valid payment method that you are authorized to use. All payments are processed securely through our payment partners.
3.1. — Honorarium and Privilege
During your Privilege, you get unlimited access to a curated selection of courses within your subscription tier. Your Privilege begins on the date of purchase and continues for the duration specified in your subscription plan. Credits may be earned through various platform activities and can be applied toward future purchases, subject to the terms and conditions specified at the time of earning.
3.2. — Payments
You agree to pay the fees for content you purchase, and you authorize us to charge your debit or credit card or process other means of payment for those fees. Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on your plan). All fees are non-refundable except as expressly set forth in these Terms or as required by applicable law. If your payment method fails, we may suspend or terminate your access to the Services.
IV. — PRIVILEGE AND/OR HONORARIUM
The privilege and/or honorarium associated with your subscription provides access to specific features and content as described at the time of purchase. The scope of your privilege may vary based on your subscription tier and may be modified by Otium with reasonable notice. Special privileges may be offered through promotions or loyalty programs, subject to additional terms and conditions. Your privilege is personal and non-transferable.
V. — TERM AND TERMINATION
Services and/or Products are sold for the duration specified at the time of purchase. Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You may cancel your subscription at any time through your account settings; cancellation will be effective at the end of the current billing period. Otium reserves the right to terminate or suspend your access to the Services immediately and without notice for violation of these Terms or for any other conduct that we determine, in our sole discretion, to be harmful to the platform, other users, or our business.
VI. — MISCELLANEOUS LEGAL TERMS
6.1. — Binding Agreement
You agree that by registering, accessing, or using the Services, you are agreeing to enter into a legally binding contract with Otium. If you do not agree to these Terms, do not register or use the Services. By using the Services, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms.
6.2. — Disclaimers
The Services and their content are provided on an "as is" and "as available" basis. Otium makes no representations or warranties of any kind, express or implied, regarding the operation of the Services or the information, content, or materials included therein. To the fullest extent permissible by applicable law, Otium disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
6.3. — Liability
To the extent permitted by law, Otium shall not 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 Services. In no event shall Otium's total liability to you for all claims arising out of or related to these Terms or the Services exceed the amount paid by you to Otium in the twelve (12) months preceding the claim.
6.4. — Indemnification
You agree to indemnify, defend, and hold harmless Otium and its affiliates, officers, directors, employees, agents, and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from your use of and access to the Services, your violation of these Terms, or your violation of any third-party rights, including without limitation any intellectual property or privacy right.
6.5. — Intellectual Property
Otium is the owner of the platform and retains all intellectual property rights in the Services, including but not limited to the platform design, logos, trademarks, course structure, and proprietary technology. Course content is owned by the respective instructors or Otium, as applicable. You are granted a limited, non-exclusive, non-transferable license to access and use the content for your personal, non-commercial educational purposes only.
6.6. — Governing Law and Jurisdiction
When these Terms and Conditions are translated into other languages, the English language version shall prevail in case of any discrepancy. These Terms shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of Paris, France.
6.7. — Legal Actions and Notices
No action, regardless of form, arising out of the transactions under these Terms, may be brought by either party more than one (1) year after the cause of action has accrued, except where this limitation cannot be imposed by law. All notices, requests, and other communications under these Terms shall be in writing and shall be deemed delivered upon receipt when sent by email to the addresses provided.
6.8. — Relationship Between Us
You and we agree that no joint venture, partnership, employment, or agency relationship exists between us as a result of these Terms or your use of the Services. You may not represent yourself as an agent or representative of Otium or bind Otium to any obligations without our express written consent.
6.9. — No Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Otium may assign these Terms or any of its rights or obligations hereunder without your consent to any affiliate or to any successor in interest of any business associated with the Services.
6.10. — Recommendation Systems
Our recommendation systems suggest courses and content based on your learning history, preferences, stated goals, and engagement patterns. These recommendations are designed to enhance your educational experience but are not guarantees of outcomes. You understand that recommendation algorithms may be updated periodically to improve their effectiveness.
VII. — DISPUTE RESOLUTION
This Dispute Resolution section applies to any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Services, or any products or services purchased through the platform.
7.1. — Dispute Resolution Overview
If an issue arises between us, we want to understand and address your concerns. We encourage you to contact our support team first to try to resolve any dispute informally. Most disputes can be resolved quickly and amicably through direct communication.
7.2. — Mandatory Informal Dispute Resolution
Before filing a claim against Otium, you agree to attempt to resolve any dispute informally by contacting us at correspondance@o-tium.com. We will attempt to resolve your dispute within sixty (60) days. If the dispute is not resolved within this period, you may proceed with formal dispute resolution as described below.
7.3. — Arbitration
As the sole alternative to small claims court, any controversy or claim arising out of or relating to these Terms or your use of the Services shall be settled by binding arbitration in accordance with the rules of the International Chamber of Commerce (ICC). The arbitration shall be conducted in Paris, France, and the language of arbitration shall be English or French, at your election.
7.4. — General Arbitration Rules
The arbitration process will decide who should win the dispute. By agreeing to arbitration, you give up your right to go to court and to have a jury trial. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court having jurisdiction. The arbitrator shall apply French law and the provisions of these Terms.
7.5. — Mass Arbitration Rules
If 25 or more claimants (each represented by the same or coordinated counsel) submit demands for arbitration raising substantially similar claims, the claims will be subject to the ICC's procedures for complex arbitrations. Additional procedures may apply to ensure efficient resolution of mass claims while preserving each claimant's individual rights.
7.6. — Fees and Costs
You and Otium agree that each party will pay their own fees and costs, except as may be required by law or as determined by the arbitrator. If you demonstrate that the costs of arbitration will be prohibitive compared to the costs of litigation, Otium will pay as much of your filing and hearing fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
7.7. — No Class Actions
Except as expressly provided for in the Mass Arbitration Rules above, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and Otium each waive any right to a jury trial.
VIII. — UPDATING THESE TERMS AND CONDITIONS
Otium reserves the right in its sole discretion to modify or update these Terms and Conditions at any time. Material changes will be notified to you by email or through a prominent notice on the platform at least thirty (30) days before they take effect. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you should discontinue your use of the Services before the effective date.
IX. — HOW TO CONTACT US
You can contact Otium at: correspondance@o-tium.com. For legal notices, please write to: Otium, Inc., Legal Department, Paris, France. We aim to respond to all inquiries within five (5) business days.