OVR Technology - Terms of Service

Last Updated: September 9, 2026

1. Agreement to These Terms

These Terms of Service (the “Terms”) govern your access to and use of the websites, online stores, mobile and desktop applications, scent-delivery devices, scent cassettes and cartridges, plugins, mods, firmware, subscriptions, community spaces, and related services offered by OVR Tech, Inc. dba OVR Technology, a Delaware corporation (“OVR,” “we,” “us,” or “our”). We refer to these collectively as the “Services.”

PLEASE READ THESE TERMS CAREFULLY. SECTION 22 CONTAINS A BINDING INDIVIDUAL ARBITRATION PROVISION AND A CLASS ACTION WAIVER THAT AFFECT HOW DISPUTES BETWEEN YOU AND OVR ARE RESOLVED. SECTION 22 ALSO GIVES YOU THIRTY (30) DAYS TO OPT OUT OF ARBITRATION.

1.1 How you accept these Terms

You accept these Terms, the Privacy Policy, and the Health and Safety Disclosure by any of the following, whichever occurs first:

Checking the acceptance box presented at checkout when you place an order or enroll in a subscription through the OVR online store.

Checking the acceptance box presented when you first install, launch, or create a sign-in for the OVR App.

Placing an order for, or completing a purchase of, an OVR product or subscription through OVR or an OVR-authorized channel.

Installing, activating, connecting, or using an OVR Device, Scentware, firmware, Plugin, or Mod, or otherwise using the Services.

1.2 Acceptance outside the App and online store

The OVR online store and the OVR App present these Terms, the Privacy Policy, and the Health and Safety Disclosure for review and require affirmative acceptance before you complete checkout or App signup. Because an OVR Device and Scentware can be set up and used without the App, acceptance is not limited to those flows.

If you use a Device or Scentware without accepting through the App or the online store, including a Device you receive as a gift, through a demonstration, or from another person, you accept these Terms by using the product. In that case, the current version of these Terms is made available to you in the product packaging insert, in the product manual, and at http://ovrtechnology.com/termsofservice, and OVR includes a printed notice with each Device directing you to them before first use.

OVR maintains records of acceptance, including the version of the Terms presented and the date and time of acceptance, where acceptance occurs through the online store or the App.

1.3 If you do not agree

If you do not agree to these Terms, do not use the Services. If you have already purchased a product, you may return it in accordance with the OVR Shipping and Returns Policy.

1.4 Minors

If you are between thirteen (13) and seventeen (17), your parent or legal guardian must consent to your use of the Services and is responsible for supervising your use as described below. A parent or legal guardian who accepts these Terms in connection with a minor’s use accepts them on that minor’s behalf as well as their own.

Our Privacy Policy at http://ovrtechnology.com/privacy explains how OVR collects, uses, shares, and protects personal information. It is a privacy notice and does not replace any consent that OVR may separately request where consent is legally required.

2. Additional Terms and Order of Precedence

Certain products, software, purchases, subscriptions, community spaces, or features are subject to additional terms, policies, licenses, warranties, or disclosures (collectively, “Additional Terms”). Applicable Additional Terms form part of your agreement with OVR for the product, feature, or transaction they govern.

Health and Safety Disclosure: http://ovrtechnology.com/healthandsafety 

Shipping and Returns Policy: http://ovrtechnology.com/shipping-returns 

Limited Warranty: http://ovrtechnology.com/warranty 

Community Guidelines: http://ovrtechnology.com/community-guidelines 

Software, Plugin, Mod, or developer-specific license terms provided with the applicable software or marketplace listing.

If these Terms conflict with applicable Additional Terms, the more specific Additional Terms control only with respect to the product, software, feature, or transaction they govern. Open-source license terms control rights in the source code distributed under those licenses.

3. Definitions

“Device” means an OVR scent-delivery hardware product, including the Omara device and any successor or related hardware, together with its firmware, chargers, cables, and accessories.

“Scentware” means OVR scent cassettes or cartridges, including the scent formulations they contain and the housings in which they are supplied.

“App” means an OVR application for desktop or mobile platforms, including updates to it.

“Plugins” means OVR-provided software components distributed for integration into third-party game engines or development environments, including Unity and Unreal.

“Mods” means OVR-developed modifications or integrations for third-party games or software that enable scent experiences.

“Account” means an optional account you may register with OVR or an OVR service provider like a commerce or payment account for access to certain features. An Account is not required to make every purchase. OVR’s e-commerce and payment provider may be used in order to place an order, store a payment method, manage a subscription, or view order history. 

“Purchaser” means the person who places an order for an OVR product or subscription.

4. Eligibility, Purchases, Accounts, and Minors

4.1 Purchasers must be adults

You must be at least eighteen (18) years old and have the legal capacity to enter into a binding contract to place an order, enroll in a paid subscription, maintain a payment method, or create an Account with OVR. OVR may not independently verify age for every transaction. By placing an order or creating an Account, you represent that you meet these requirements.

4.2 Minimum age for use

Individuals under thirteen (13) years of age may not use the Device, Scentware, or App. Individuals between thirteen (13) and seventeen (17) may use the Device, Scentware, and App only with the consent and supervision of a parent or legal guardian. Users eighteen (18) and older may use the Services without age-based supervision, subject to these Terms and the Health and Safety Disclosure.

A parent or legal guardian who permits a person between thirteen (13) and seventeen (17) to use the Services is responsible for that user’s compliance with these Terms and for supervising use consistent with the Health and Safety Disclosure.

4.3 Account security and information

If you create an Account, you are responsible for maintaining the confidentiality of your credentials and for activity under your Account. You agree to provide accurate, current, and complete information and to update it as appropriate. Notify OVR promptly at ovr@ovrtechnology.com if you become aware of unauthorized access or use.

An Account used as a commerce and payment account is maintained through OVR’s e-commerce and payment provider. You do not need an Account to use a Device, Scentware, or the App for general use, and you may check out as a guest for most purchases. An Account is required to enroll in and self-manage a recurring subscription, because a stored payment method and an online cancellation method are needed for that purpose.

5. Software Licenses and Developer Products

5.1 Consumer App and firmware license

Subject to your compliance with these Terms and any applicable software-specific terms, OVR grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the App and Device firmware for personal, non-commercial use with OVR Devices and Scentware.

Except to the extent prohibited by applicable law, you may not copy, modify, create derivative works from, reverse engineer, decompile, disassemble, derive source code from, rent, lease, lend, sell, sublicense, or otherwise distribute proprietary OVR software; remove proprietary notices; or circumvent technical or safety measures.

5.2 Plugins and developer licenses

Plugins made available through Unity, Unreal, or another developer marketplace are governed by the license terms provided with the applicable Plugin or marketplace listing. Those terms may authorize development, testing, demonstration, or commercial integration activities that are not permitted under the consumer license above. If there is a conflict, the applicable Plugin or developer license controls for that Plugin and authorized developer activity.

5.3 Mods and open-source software

Certain Mods or other OVR software components may be distributed under an open-source license, including the MIT License. The applicable open-source license governs rights in the source code distributed under that license. These Terms and the Privacy Policy continue to govern use of OVR Devices, the App, commercial services, and personal information processed through them.

5.4 Future and experimental features

OVR may develop or offer future features, including AI-assisted or visual-recognition tools. Such features may be subject to separate terms, notices, and consent choices at launch. References to future features do not guarantee that any feature will be released or remain available.

6. Plugins, Mods, and Third-Party Content

OVR may make Plugins and Mods available to enable scent experiences in third-party games, applications, and content. You acknowledge that third-party products are developed, distributed, and controlled by parties other than OVR.

OVR does not control how a third-party developer implements a Plugin, which scent triggers are configured, or how frequently or intensely scents are triggered in third-party content.

Your use of third-party games, platforms, marketplaces, and content is also governed by their own terms and privacy practices.

OVR is not responsible for third-party content or for third-party changes that affect compatibility, except to the extent responsibility cannot be excluded under applicable law.

If scent-enabled third-party content causes discomfort, stop using that content and the Device and review the Health and Safety Disclosure.

7. Authorized Devices, Scentware, and Accessories

Use OVR Devices only with Scentware, chargers, cables, accessories, and software that are supplied by OVR or are compatible with the specifications and instructions OVR provides. Scentware is not user-serviceable and must not be opened, punctured, modified, refilled, or reused unless OVR expressly states otherwise.

Use of unauthorized or incompatible Scentware, accessories, repairs, modifications, or software may create safety risks or damage the Device. OVR’s Limited Warranty does not cover damage or malfunction caused by unauthorized or incompatible products, modifications, or repairs, subject to applicable law.

8. Health and Safety

Before using the Device or Scentware, you must read and follow the OVR Health and Safety Disclosure at http://ovrtechnology.com/healthandsafety, together with the product manual and setup instructions. The Health and Safety Disclosure is incorporated into these Terms.

Persons with fragrance sensitivity or allergies, respiratory conditions, implanted or worn medical devices, or other conditions identified in the Health and Safety Disclosure should follow the precautions described there and consult a qualified medical professional when appropriate.

The Device and Scentware are not medical devices and are not intended to diagnose, treat, cure, or prevent any disease or condition.

Stop using the Device if you experience dizziness, nausea, disorientation, breathing difficulty, irritation, or other discomfort associated with use.

Scentware and certain accessories contain small parts. Keep the Device, Scentware, cables, and accessories away from young children and pets.

The Device is not intended for high-risk applications in which failure could result in death, serious bodily injury, or severe environmental damage.

9. Data and Privacy

OVR’s Privacy Policy at http://ovrtechnology.com/privacy describes the categories of personal information OVR collects, the purposes for which information is used, disclosures to service providers and other parties, retention practices, international transfers, and privacy rights.

The App may collect optional product analytics and diagnostic information, including device connection events, firmware status, device health, scent playback activity, and settings changes. In the EEA and UK, optional non-essential App analytics are disabled until the user provides consent. In other regions, analytics may be enabled by default where permitted by law and can be turned off through the App. See the Privacy Policy for details.

10. Purchases, Pricing, and Payment

Product listings and prices displayed through our online store are invitations to purchase and not binding offers. A contract of sale is formed when OVR or its commerce provider accepts and confirms your order, subject to applicable consumer law.

You agree to pay the product price, shipping and handling charges, and applicable taxes shown at checkout. By providing a payment method, you represent that you are authorized to use it and authorize OVR and its payment providers to charge the applicable amount.

Products are intended for end users and may not be purchased for unauthorized resale or distribution. OVR may limit quantities or cancel orders for fraud, pricing or listing errors, suspected resale, legal restrictions, or product unavailability, subject to applicable law. If an order is canceled after payment, the amount charged for the canceled item will be refunded.

11. Subscriptions and Automatic Renewal

OVR may offer Scentware or other products through recurring subscriptions. Available plans may include monthly delivery, delivery every two months, and quarterly delivery, as shown at checkout.

Before enrollment, OVR will disclose the recurring price or method for determining the price, billing and shipment frequency, automatic-renewal terms, and how to cancel.

By enrolling, you authorize recurring charges to your payment method until you cancel or the subscription ends.

OVR will send an automated reminder before each scheduled subscription shipment. The reminder will identify the upcoming shipment and provide cancellation or management instructions. OVR will also provide additional renewal, annual, pricing-change, or other notices where required by applicable law.

You may pause, skip, change, or cancel a subscription through the commerce and payment account associated with that subscription, or by contacting support@ovrtechnology.com. Online subscriptions will have an online cancellation method that is at least as easy to use as the method by which you enrolled, and OVR will not require you to call, chat, or speak with a representative in order to cancel.

To prevent an upcoming shipment, cancellation must be completed before the order is processed for that shipment. If cancellation occurs after processing, it will apply to later shipments and the already-processed shipment will be handled under the applicable Shipping and Returns Policy and consumer law.

There are no early termination fees unless a specific subscription offer clearly states otherwise before enrollment.

12. Shipping, Returns, and Limited Warranty

Shipping terms, return eligibility, refund procedures, and any applicable regional withdrawal rights are described in the OVR Shipping and Returns Policy at http://ovrtechnology.com/shipping-returns. Delivery dates are estimates unless OVR expressly commits to a specific date.

OVR products are covered by a separate Limited Warranty at http://ovrtechnology.com/warranty. In summary, hardware and accessories are covered against defects in materials and workmanship for two (2) years from delivery, and Scentware is covered against defects in materials and workmanship for sixty (60) days from delivery. Scentware may be final sale under the Returns Policy while remaining eligible for warranty remedies for covered defects.

The Limited Warranty does not cover normal wear, accidental damage, misuse, normal depletion of scent material, or damage or malfunction caused by unauthorized modification, repair, accessories, Scentware, or software. Nothing in OVR’s return or warranty terms limits non-waivable statutory consumer rights, including rights that may apply in the EEA, UK, or other jurisdictions.

13. Software and Firmware Updates

OVR may release patches, bug fixes, firmware updates, compatibility changes, and new features for the App, firmware, Plugins, and Mods. Some updates may install automatically or may be required to continue using some or all of the Services. To the extent required by applicable law, OVR will provide notice or obtain consent before material changes or updates.

Third-party platforms, games, operating systems, and developer tools may change independently of OVR and may affect compatibility. OVR does not guarantee uninterrupted availability or perpetual compatibility with third-party systems.

14. Acceptable Use

You agree not to, and not to enable or authorize another person to:

Use the Services in violation of these Terms or applicable law.

Resell, duplicate, or commercially exploit proprietary consumer Services except as authorized by a separate developer, Plugin, or commercial license.

Harass, threaten, stalk, impersonate, defame, or intentionally distress another person through OVR-operated community spaces.

Solicit personal information from, exploit, or endanger a minor.

Introduce malware or harmful code, interfere with the Services, or gain unauthorized access to systems or accounts.

Probe, scan, test, bypass, or circumvent security, firmware, usage, or safety restrictions without written authorization.

Use automated systems to scrape or access non-public parts of the Services at a volume that interferes with normal operation.

Modify or tamper with the Device, Scentware, firmware, or safety limits in a way that creates a safety risk.

15. Community Spaces and User Content

OVR may operate community spaces, including a Discord server. Use of those spaces is subject to these Terms, the OVR Community Guidelines at http://ovrtechnology.com/community-guidelines and the terms and privacy policies of the platform provider.

You retain ownership of content you submit directly to OVR-operated public community spaces, reviews, or public areas of the Services (“User Content”). By submitting User Content, you grant OVR a non-exclusive, worldwide, royalty-free, sublicensable license to host, reproduce, display, adapt, and use that User Content in connection with operating, improving, and promoting the Services, subject to applicable law and platform terms.

You represent that you have the right to submit your User Content and that it does not violate applicable law or third-party rights. OVR may review, moderate, refuse, or remove User Content in accordance with its policies and applicable law. Public community content may be viewed, quoted, copied, or retained by others. Do not post information you consider confidential or private.

If you submit suggestions, product ideas, or feedback to OVR, OVR may use that feedback without obligation or compensation unless otherwise agreed in writing.

16. Intellectual Property

The Services, including Device designs, firmware, proprietary Scentware formulations, the App, proprietary Plugins, text, graphics, interfaces, audio, trademarks, and trade dress, are owned by OVR or its licensors and are protected by applicable intellectual property laws. Except for licenses expressly granted under these Terms or applicable Additional Terms, no rights are granted by implication, estoppel, or otherwise.

OVR, OVR Technology, Omara, and associated logos and marks are trademarks of OVR or its licensors. Third-party names and marks remain the property of their owners and do not imply affiliation or endorsement.

17. Copyright Complaints

If you believe material made available through an OVR-operated Service infringes your copyright, send a notice to legal@ovrtechnology.com and 50 Lakeside Ave, Suite 750, Burlington, VT 05401 containing sufficient information for OVR to identify the work, locate the allegedly infringing material, contact you, and evaluate the claim, together with the statements and signature required by applicable copyright law. OVR may register and maintain a designated DMCA agent where applicable.

18. Disclaimer of Warranties

EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED BY OVR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” OVR DISCLAIMS IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT, TO THE EXTENT THOSE WARRANTIES MAY BE DISCLAIMED. OVR DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR COMPATIBLE WITH EVERY THIRD-PARTY PRODUCT OR CONTENT.

Some jurisdictions do not permit certain warranty exclusions. These exclusions apply only to the extent permitted by law and do not limit non-waivable statutory rights.

19. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OVR AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OVR’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO OVR IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT CAUSED BY NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, WILLFUL MISCONDUCT WHERE LIABILITY CANNOT BE LIMITED, OR ANY OTHER LIABILITY OR CONSUMER RIGHT THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless OVR and its affiliates, officers, directors, employees, and agents from claims, damages, losses, liabilities, and reasonable expenses arising from your material violation of these Terms, your unlawful User Content, your violation of third-party rights, or your unauthorized commercial or unsafe use of the Services. This Section does not require a consumer to indemnify OVR for OVR’s own negligence or wrongdoing.

21. Suspension and Termination

You may stop using the Services at any time. If you have an Account, you may request closure. OVR may suspend or terminate access to online Services if you materially breach these Terms, if OVR reasonably believes use creates a security or safety risk, if required by law, or if a Service is discontinued. Where reasonable and legally required, OVR will provide notice.

Provisions that by their nature should survive termination, including intellectual property, payment obligations, disclaimers, limitations of liability, indemnification, governing law, and dispute provisions, will survive.

22. Governing Law, Dispute Resolution, Arbitration, and Venue

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES BETWEEN YOU AND OVR TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION INSTEAD OF IN COURT, AND IT WAIVES YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. YOU MAY OPT OUT OF ARBITRATION WITHIN THIRTY (30) DAYS AS DESCRIBED IN SECTION 22.7. IF YOU OPT OUT, THE REST OF THESE TERMS STILL APPLY.

22.1 Governing law

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles and excluding the United Nations Convention on Contracts for the International Sale of Goods, except to the extent mandatory consumer law requires otherwise. The Federal Arbitration Act, 9 U.S.C. Sections 1 et seq., governs the interpretation and enforcement of Sections 22.2 through 22.10.

22.2 Informal resolution first

Before starting an arbitration or filing a claim in court, you and OVR agree to attempt in good faith to resolve the dispute informally. You must send a written notice of dispute to legal@ovrtechnology.com describing the dispute, the relief you are seeking, and your order number and contact information. OVR will send a notice of dispute to the email or mailing address associated with your order or Account. You and OVR agree to allow thirty (30) days from receipt of the notice for an informal response and good-faith discussion before commencing a formal proceeding. This informal step is a condition precedent to arbitration, and any applicable limitations period is tolled while it runs.

22.3 Agreement to arbitrate

If informal resolution does not resolve the dispute, you and OVR agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, an OVR product, a purchase or subscription, or the relationship between you and OVR, including claims that arose before you accepted these Terms and claims that arise after your use of the Services ends, will be resolved by binding individual arbitration rather than in court. This includes claims based in contract, warranty, tort, statute, fraud, misrepresentation, product liability, consumer protection, or any other legal theory, and includes disputes about the interpretation, scope, enforceability, or formation of this arbitration agreement, except as stated in Section 22.5.

22.4 Arbitration procedure

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as modified by these Terms. The rules and filing forms are available at www.adr.org. If the AAA is unavailable or declines to administer the arbitration, you and OVR will agree on another established administrator, or a court of competent jurisdiction will appoint one.

The arbitration will be conducted by a single neutral arbitrator. The arbitrator may award any relief that a court could award to you individually under applicable law, including statutory damages and attorney’s fees where a statute provides for them, but may not award relief to or against anyone who is not a party to the arbitration.

Unless you and OVR agree otherwise, any in-person hearing will take place in the county where you live or in Burlington, Vermont, at your election. Arbitrations involving twenty-five thousand U.S. dollars ($25,000) or less may be conducted through document submission, telephone, or videoconference at your election.

Payment of filing, administration, and arbitrator fees is governed by the AAA Consumer Arbitration Rules. Where those rules or applicable law require OVR to pay a share of the fees, OVR will pay it. OVR will not seek its attorney’s fees or costs from you in arbitration unless the arbitrator determines that your claim was frivolous or brought for an improper purpose.

The arbitrator’s decision is final and binding, and judgment on the award may be entered in any court with jurisdiction. Arbitration proceedings and awards are confidential except as needed to enforce or challenge an award or as required by law.

22.5 Exceptions to arbitration

Either you or OVR may bring an individual claim in a small claims court with jurisdiction over the parties, so long as the claim remains an individual claim in that court.

Either party may seek injunctive or other equitable relief in court to prevent actual or threatened infringement or misuse of intellectual property, confidential information, or unauthorized access to the Services, without first completing the informal resolution step.

Nothing in this Section prevents you from reporting a concern to a government agency or regulator, or prevents a government agency from bringing an action on your behalf or in the public interest.

Where applicable law makes a pre-dispute arbitration agreement unenforceable as to a particular claim or category of claim, including certain claims that cannot be compelled to arbitration by statute, that claim will proceed in court under Section 22.8 and the remainder of this Section will remain in effect for all other claims.

22.6 Class action, collective action, and jury trial waiver

YOU AND OVR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

YOU AND OVR ALSO WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY CLAIM SUBJECT TO ARBITRATION UNDER THIS SECTION, AND FOR ANY CLAIM HEARD IN COURT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

If a court decides that this class waiver is unenforceable as to a particular claim or a particular request for relief, that claim or request for relief will be severed from the arbitration and heard in court under Section 22.8, and all remaining claims will proceed in arbitration.

22.7 Your right to opt out of arbitration

You may opt out of Sections 22.3 through 22.6 by sending written notice to legal@ovrtechnology.com with the subject line “Arbitration Opt-Out,” or by mail to OVR at 50 Lakeside Ave, Suite 750, Burlington, VT 05401 within thirty (30) days after you first accept these Terms. Your notice must include your full name, the email address and mailing address associated with your order or Account, and a clear statement that you want to opt out of arbitration.

Opting out is free, will not affect your purchase, your subscription, your warranty coverage, or any other part of your relationship with OVR, and applies only to you. If you opt out, disputes will be resolved in court under Section 22.8. If OVR later materially changes this Section, you will have a new thirty (30) day opt-out period from the effective date of that change.

22.8 Venue for court proceedings

For any claim that is not subject to arbitration, that is excluded under Section 22.5, or that proceeds in court because you opted out or because a court determines arbitration does not apply, and unless mandatory law gives you another right, the exclusive venue is the state courts located in Burlington, Chittenden County, Vermont, or the United States District Court for the District of Vermont. You and OVR each consent to the personal jurisdiction and venue of those courts and waive any objection based on inconvenient forum.

22.9 Coordinated and mass filings

If twenty-five (25) or more demands for arbitration raising substantially similar claims are filed against OVR by or with the assistance of the same law firm or coordinated group within a ninety (90) day period, the demands will be administered in sequential batches of no more than fifty (50), with a single arbitrator appointed per batch and the limitations period tolled for demands awaiting a batch. You and OVR will cooperate with the administrator in good faith to implement this process efficiently and to apply any lessons from earlier batches to later ones.

22.10 Severability and survival

If any part of this Section 22 is found unenforceable, that part will be severed and the remainder will continue to apply, except that if Section 22.6 is found unenforceable in its entirety, then Sections 22.3 through 22.5 will not apply and the dispute will proceed in court under Section 22.8. This Section survives termination of these Terms and closure of your Account.

22.11 Consumers with mandatory statutory protections

If you are a consumer in the EEA, UK, or another jurisdiction with mandatory consumer protections, nothing in this Section deprives you of rights that cannot be waived, including any right to rely on mandatory law or bring proceedings in a court available to you under applicable consumer law. Where applicable law prohibits or restricts pre-dispute arbitration agreements or class waivers for consumers, Sections 22.3 through 22.6 do not apply to you to the extent of that prohibition or restriction.

23. Notice for California Residents

California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210, as provided by California Civil Code Section 1789.3.

24. Export and Sanctions Compliance

You agree not to export, re-export, transfer, or use the Services or related technical data in violation of applicable export control, trade, or sanctions laws, including laws administered by the U.S. Department of Commerce and U.S. Department of the Treasury, where applicable.

25. Changes to the Services and These Terms

OVR may modify, suspend, or discontinue parts of the Services and may update these Terms from time to time. OVR will revise the “Last Updated” date and will provide notice of material changes through reasonable means, such as the App, email, checkout flow, or website notice. Where applicable law requires affirmative consent to a change, OVR will request it before the change applies.

Changes apply prospectively. If you do not accept revised Terms that require your agreement, you must stop using the affected Services.

26. Force Majeure

OVR is not liable for any delay in performing, or failure to perform, its obligations under these Terms to the extent the delay or failure results from a cause beyond OVR’s reasonable control. Those causes include natural disaster, fire, flood, extreme or severe weather, epidemic or pandemic, war, terrorism, civil unrest, labor dispute or strike, act or order of government, embargo, sanction, export or import restriction, change in law, power or telecommunications failure, internet, hosting, or cloud-provider outage, cyberattack, carrier or transportation disruption, customs delay, and the failure, shortage, or disruption of suppliers, component manufacturers, fragrance-material suppliers, or fulfillment providers.

If a force majeure event affects an order, a subscription shipment, or a Service, OVR will use reasonable efforts to notify affected customers, will resume performance as soon as reasonably practicable, and may reschedule the affected shipment or Service. If OVR cannot fulfill a paid order within a reasonable period, OVR will cancel the affected order and refund the amounts paid for it.

This Section does not excuse your obligation to pay for products already delivered, does not extend the time to make a warranty claim, and does not limit non-waivable statutory rights you may have, including any right to cancel a delayed order or obtain a refund under applicable consumer law.

27. General

These Terms and applicable Additional Terms constitute the agreement between you and OVR regarding the Services they govern. If a provision is invalid or unenforceable, it will be limited or severed to the minimum extent necessary and the remaining provisions will remain effective. OVR’s failure to enforce a provision is not a waiver. You may not assign these Terms without OVR’s written consent; OVR may assign them in connection with a merger, acquisition, financing, reorganization, or sale of assets, subject to applicable law. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.

You consent to receive legally permitted communications electronically. Electronic notices, disclosures, and agreements satisfy writing requirements to the extent permitted by law.

28. Contact

OVR Tech, Inc.

50 Lakeside Ave, Suite 750

Burlington, VT 05401

General support: support@ovrtechnology.com

Legal: legal@ovrtechnology.com 

Privacy: privacy@ovrtechnology.com