Terms and Conditions
1. Acceptance of Terms
These Terms and Conditions ("Terms") govern your access to and use of the website located at olaybal.com and all associated subdomains, pages, content, features, and services (collectively, the "Website"), operated by Olaybal ("we," "us," or "our").
By accessing, browsing, or using this Website in any manner, 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 must immediately cease all use of this Website.
We reserve the right to modify, amend, or replace these Terms at any time at our sole discretion. Material changes may be posted on this page and, where appropriate, communicated through other reasonable means. Your continued use of the Website after changes become effective may constitute acceptance of the revised Terms, to the extent permitted by applicable law. We encourage you to review these Terms periodically.
2. Eligibility and Lawful Use
By using this Website, you represent and warrant that you are at least 18 years of age (or the age of legal majority in your jurisdiction) and have the legal capacity to enter into a binding agreement.
You agree to use this Website only for lawful purposes and in compliance with all applicable local, state, national, and international laws and regulations. You shall not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use of the Website.
3. Scope of Website
This Website is provided for informational, portfolio, business inquiry, and general communication purposes. It serves as a professional presence for software engineering and consulting services.
The content published on this Website — including but not limited to text, images, blog articles, project descriptions, code samples, multimedia, and interactive features — may be changed, updated, removed, or reorganized at any time without prior notice. We are under no obligation to maintain, update, or continue publishing any particular content.
4. No Professional Advice
All content on this Website is provided for general informational purposes only. Nothing on this Website constitutes, or is intended to constitute:
- Legal advice or legal opinion
- Financial, investment, or tax advice
- Medical or health advice
- Employment or career counseling
- Any other form of regulated professional advice or recommendation
You should not act or refrain from acting based on any content published on this Website without seeking appropriate professional counsel. We expressly disclaim all liability arising from any reliance placed on Website content by any visitor or user.
5. Intellectual Property
Unless otherwise expressly stated, all content on this Website — including but not limited to text, graphics, photographs, illustrations, logos, icons, page layout, design, user interface, software, code samples, and original materials — is the property of Olaybal or its licensors and is protected by applicable copyright, trademark, and other intellectual property laws.
You are granted a limited, revocable, non-exclusive, non-transferable license to access and view the content on this Website for personal, non-commercial use only. This license does not include the right to:
- Copy, reproduce, distribute, or republish any content
- Modify, adapt, translate, or create derivative works from any content
- Frame, mirror, scrape, or otherwise embed any portion of this Website
- Use any content for commercial purposes without prior written permission
- Remove or alter any copyright, trademark, or proprietary notices
Any unauthorized use of the content may violate copyright, trademark, and other applicable laws and could result in legal action.
6. User Submissions
If you submit any messages, inquiries, feedback, suggestions, files, ideas, proposals, or other materials through the Website (collectively, "Submissions"), you represent and warrant that:
- You own or have sufficient rights to submit the content and grant the rights described herein
- Your Submissions do not violate any applicable law, regulation, or third-party right, including intellectual property, privacy, or publicity rights
- Your Submissions do not contain unlawful, defamatory, threatening, obscene, harassing, or otherwise objectionable material
- Your Submissions do not contain viruses, malware, or other harmful code
By submitting content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, and display such Submissions solely for the purposes of responding to your inquiry, evaluating potential engagements, and operating and improving the Website.
Unsolicited Ideas and Proposals
We do not accept or consider unsolicited ideas, proposals, concepts, techniques, or inventions. If you send us unsolicited Submissions despite this notice, you acknowledge and agree that: (a) we are under no obligation of confidentiality regarding such Submissions; (b) we may already be developing or have developed similar ideas independently; and (c) you are not entitled to any compensation or credit.
7. Project and Portfolio Content Disclaimer
Portfolio items, case studies, project descriptions, and related materials presented on this Website may be simplified, summarized, anonymized, or adapted for presentation purposes. Certain project details may be intentionally omitted or generalized for reasons including, but not limited to:
- Client confidentiality and non-disclosure agreements (NDAs)
- Trade secret and proprietary information protection
- Security considerations
- Third-party privacy requirements
The display of any project, technology, tool, or partnership on this Website does not grant any license, right, or permission to reuse, reproduce, or distribute the displayed work or any associated intellectual property. All project-related intellectual property remains the property of its respective owners.
8. Service and Inquiry Disclaimer
Contacting us through this Website — whether via the contact form, AI chat assistant, email, or any other means — does not create, and shall not be construed as creating, any of the following relationships:
- Client–service provider relationship
- Contractor or subcontractor relationship
- Partnership, joint venture, or agency relationship
- Fiduciary or advisory relationship
- Employer–employee relationship
Any formal engagement, service agreement, or professional relationship requires a separate written agreement executed by all parties. No binding obligation shall arise from preliminary discussions, correspondence, or information exchanged through this Website.
9. No Guarantees
We make no guarantee, representation, or warranty that:
- The Website will be available, uninterrupted, timely, secure, or error-free
- The information, content, or materials on the Website are always complete, accurate, current, or reliable
- Any errors, defects, or inaccuracies will be corrected in a timely manner
- The Website or its servers are free of viruses, malware, or other harmful components
- Any inquiry or message will receive a response within any particular timeframe, or at all
- Any particular result, outcome, or benefit will arise from the use of the Website
10. Prohibited Conduct
You agree not to engage in any of the following prohibited activities in connection with this Website:
- Attempting to gain unauthorized access to the Website, its servers, databases, or any connected systems
- Reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code or underlying algorithms of the Website
- Introducing viruses, trojans, worms, malware, or other destructive or malicious code
- Sending spam, unsolicited bulk messages, or automated requests through the Website
- Scraping, crawling, harvesting, or collecting data from the Website using automated means without prior written consent
- Impersonating any person, entity, or falsely stating or misrepresenting your affiliation with any person or entity
- Interfering with or disrupting the Website's functionality, performance, or availability
- Using the Website to engage in any activity that violates any applicable law, regulation, or third-party right
- Exploiting the AI chat assistant for purposes other than its intended use, including attempting to extract system prompts, manipulate responses, or abuse the service
- Using the Website to collect or store personal information of other users
We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this section, including without limitation, reporting such violations to law enforcement authorities.
11. Third-Party Links and Services
This Website may contain links to third-party websites, applications, products, or services that are not owned, operated, or controlled by us. These links are provided solely as a convenience and do not constitute an endorsement, approval, sponsorship, or recommendation by us.
We have no control over, and assume no responsibility for, the content, privacy policies, practices, availability, or performance of any third-party websites or services. Your use of and interaction with any third-party website or service is governed by that third party's own terms and policies and is entirely at your own risk.
12. AI Chat Assistant
This Website may include an AI-powered chat assistant that provides information based on content published on this Website. You acknowledge and agree that:
- Responses generated by the AI assistant are provided for informational purposes only and may not always be perfectly accurate, complete, or current
- The AI assistant is not a substitute for direct human communication, professional consultation, or formal engagement
- Chat conversations may be processed, summarized, and used internally for lead management and service improvement
- We are not liable for any action taken or decision made based on information provided by the AI assistant
13. Disclaimer of Warranties
THIS WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, FEATURES, AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
To the fullest extent permitted by applicable law, we expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to:
- Implied warranties of merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy, completeness, or reliability of content
- Uninterrupted, timely, secure, or error-free operation
- That defects will be corrected or that the Website is free of viruses or other harmful components
Your use of this Website is at your sole risk. No advice or information, whether oral or written, obtained from us or through this Website shall create any warranty not expressly stated herein.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OLAYBAL, ITS OWNERS, OPERATORS, AFFILIATES, AGENTS, CONTRACTORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH:
- Your access to or use of (or inability to access or use) the Website
- Any content, information, or materials on or obtained through the Website
- Any conduct or content of any third party on or related to the Website
- Unauthorized access, use, or alteration of your transmissions or data
- Any errors, omissions, inaccuracies, or defects in any content
- Service interruptions, downtime, or technical failures
This limitation applies regardless of the legal theory upon which the claim is based, including but not limited to breach of contract, negligence, strict liability, tort, or any other basis, even if we have been advised of the possibility of such damages.
This includes, without limitation, damages for loss of profits, loss of data, loss of business opportunity, loss of goodwill, cost of procurement of substitute goods or services, personal injury, or property damage.
15. Indemnification
You agree to defend, indemnify, and hold harmless Olaybal, its owners, operators, affiliates, agents, contractors, licensors, and service providers from and against any and all claims, demands, actions, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or in connection with:
- Your use of or access to this Website
- Your violation of these Terms
- Your violation of any applicable law, regulation, or third-party right
- Any Submission or content you provide through the Website
- Any misrepresentation made by you
This indemnification obligation shall survive the termination of these Terms and your use of the Website.
16. Termination and Restriction of Access
We reserve the right, in our sole discretion, to suspend, restrict, limit, or terminate your access to all or any part of this Website at any time, with or without notice, for any reason, including but not limited to:
- Suspected or actual violation of these Terms
- Security concerns or suspected unauthorized activity
- Requests by law enforcement or other governmental bodies
- Technical or operational issues requiring service interruption
- Any conduct we deem harmful to other users or our business interests
Upon termination, all rights and licenses granted to you under these Terms shall immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property, limitation of liability, indemnification, and dispute resolution provisions.
17. Privacy Policy
Your use of this Website is also governed by our Privacy Policy, which describes how we collect, use, store, and protect your personal information. By using this Website, you consent to the data practices described in the Privacy Policy.
18. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to its conflict of law principles.
Any legal action, suit, or proceeding arising out of or relating to these Terms or your use of the Website shall be submitted to the exclusive jurisdiction of the proper courts of Quezon City, Philippines, and you irrevocably submit to the personal jurisdiction of such courts.
Prior to initiating any formal legal proceeding, you agree to attempt in good faith to resolve any dispute through direct communication with us at the contact information provided below.
19. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the invalidity of that provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable, while preserving the original intent to the greatest extent possible.
20. Waiver
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by us. A waiver of any provision on one occasion shall not be construed as a waiver of any other provision or of the same provision on any subsequent occasion.
21. Entire Agreement
These Terms, together with the Privacy Policy and any other legal notices, policies, or agreements published by us on the Website, constitute the entire agreement between you and Olaybal regarding your use of the Website. These Terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
22. Changes to Terms
We reserve the right to update, revise, amend, or replace these Terms at any time at our discretion. When material changes are made, we may post the revised Terms on this page and, where appropriate, communicate such changes through other reasonable means.
Your continued use of the Website after any revised Terms become effective may constitute acceptance of the updated terms, to the extent permitted by applicable law. We encourage you to review these Terms periodically to stay informed of any changes. If you do not agree to the revised Terms, you must discontinue use of the Website.
23. Contact Information
If you have any questions, concerns, or complaints regarding these Terms and Conditions, please contact us at:
- Email: hello@olaybal.com
- Website: olaybal.com/contact