Terms of Service

oeili provides Android Enterprise device management and mobile data infrastructure on real 5G Android networks. Customers may either deploy oeili on Android devices they own (the "EMM service") or use Android devices operated by oeili on their behalf (the "managed-capacity service"). Both are referred to as "the service" in these Terms.

You must be a business or other legal entity, not a consumer, to use oeili. You represent that you have authority to bind the entity for which you create the account, that you and the entity are not subject to U.S. or U.N. sanctions, and that you will provide accurate information.

You will not use the service to:

• Access, scrape, or collect content that you do not have a legal right to access or that is protected by authentication, paywalls, or technical access controls you have not been authorized to bypass.
• Conduct any form of credential stuffing, account takeover, brute force, or fraud.
• Send spam, phishing content, malware, or any unsolicited bulk communication.
• Manipulate online advertising, click-fraud, ad-stacking, or attribution fraud.
• Operate a botnet, command-and-control server, or any system that instructs unrelated third-party hosts to send traffic.
• Target child sexual abuse material, terrorist content, content encouraging self-harm, or any content prohibited under U.S. federal law.
• Circumvent copyright, trademark, or other intellectual property protections.
• Test, probe, or attempt to gain unauthorized access to oeili infrastructure or other customers' fleets.

You are responsible for traffic originated through your fleet, whether the devices are yours or oeili-operated. We may suspend or terminate accounts that violate this section, with or without notice.

If you operate your own phones, you are the controller of those devices and the data on them. You are responsible for your own compliance with telecommunications law, carrier terms of service, local employment law where the devices are in use, and any other applicable regulation. oeili provides the management plane; we do not direct your traffic, choose your destinations, or originate requests.

If you use oeili-operated devices, oeili maintains the hardware and network path. We isolate your traffic from other tenants. You remain responsible for the legality and acceptability of the traffic you originate. Excessive abuse complaints may result in suspension regardless of whether you intended the violation.

Pricing is set per quote during the early-access phase and confirmed in your service order. Fees are billed monthly in advance unless otherwise stated. All fees are exclusive of taxes; you are responsible for taxes other than those based on our net income. Late payments accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law.

The agreement starts on your service order's effective date and continues for the term stated there. Either party may terminate for material breach not cured within 30 days of written notice. We may suspend the service immediately to protect against an active threat, to comply with law, or in response to a clear Acceptable Use violation. On termination you remain liable for fees accrued before the termination date.

Each party will protect the other's confidential information using the same care it uses for its own confidential information, but no less than reasonable care. Confidential information does not include information that is public through no fault of the receiving party, or that the receiving party already had without confidentiality obligations.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, OEILI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR REVENUE, ARISING OUT OF OR RELATING TO THESE TERMS. EACH PARTY'S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY YOU TO OEILI IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

You will defend, indemnify, and hold harmless oeili and its officers, directors, and employees, from any claim, loss, or expense (including reasonable attorneys' fees) arising out of (i) your traffic or use of the service in violation of these Terms or law, or (ii) any claim that your input data or your fleet's traffic infringes a third party's rights.

These Terms are governed by the laws of the State of Hawaii, United States, without regard to conflicts-of-laws principles. The exclusive jurisdiction for disputes is the state and federal courts located in Honolulu, Hawaii, and each party consents to that jurisdiction.

We may update these Terms from time to time. Material changes will be announced to account contacts at least 30 days before they take effect. Continued use of the service after the effective date constitutes acceptance.

Questions about these Terms: peter@oeili.com.

oeili
1050 Bishop Street, Suite 304
Honolulu, HI 96813
United States