Terms of Service

Green Fern

TERMS OF SERVICE


Last updated: March 13, 2026

AGREEMENT TO OUR LEGAL TERMS

These Terms of Service (“Terms”) are a legally binding agreement between you and Martechia LLC, doing business as Oscilla (“Oscilla,” “Company,” “we,” “us,” or “our”), regarding your access to and use of the Oscilla mobile application and any related products or services that link to these Terms (collectively, the “Services”).

Registered office: 30 N Gould St Ste N Sheridan, WY, 82801, USA

Mailing address: 915 L ST NW, Unit 916, Washington, DC 20001, United States

Email: contact@oscilla.ai

Phone: 803-422-2706

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.

We may update these Terms from time to time. If we do, we will update the “Last updated” date above. By continuing to use the Services after updated Terms are posted, you agree to the revised Terms.

If you are under the age of 18, you may use the Services only with the permission and direct supervision of a parent or legal guardian who agrees to these Terms.

TABLE OF CONTENTS

  1. Our Services


  2. On-Device Processing, Hugging Face Downloads, and Data Export


  3. Intellectual Property Rights


  4. Software and Third-Party Model Licenses


  5. User Representations


  6. Prohibited Activities


  7. Mobile Application License


  8. Services Management


  9. Privacy Policy


  10. Term and Termination


  11. Modifications and Interruptions


  12. Governing Law


  13. Dispute Resolution


  14. Corrections


  15. Disclaimer


  16. Limitations of Liability


  17. Indemnification


  18. Local Data and User Responsibility


  19. Electronic Communications


  20. California Users and Residents


  21. Miscellaneous


  22. Contact Us


1. OUR SERVICES

The Services consist of the Oscilla mobile application and related features we make available through the application.

Oscilla is designed primarily as a local-first application. All model inference, conversations, memories, and related app data are stored and processed locally on your device.

The Services are not intended for distribution to or use by any person or entity in any jurisdiction where such use would be contrary to applicable law or regulation or would subject us to additional registration requirements. If you access the Services from outside the United States, you do so at your own initiative and are responsible for compliance with local law.

The Services are not specifically designed to comply with industry-specific regulations such as HIPAA, FISMA, or GLBA. You may not use the Services in any manner that would require compliance with laws or regulations for which the Services are not designed.

2. ON-DEVICE PROCESSING, HUGGING FACE DOWNLOADS, AND DATA EXPORT

On-Device Processing

Oscilla is designed so that most AI processing happens directly on your device. Local conversations, memories, and model inference are stored and processed locally on your device and are not collected or stored by us on our servers solely because you use those features.

No Account Registration or Payment Collection

At this time, the Services do not require account creation and do not process payments directly through us for core local model features. If that changes, we may update these Terms and any related policies.

Hugging Face Downloads

We use Hugging Face to help deliver supported local model downloads to your device. We do not send the contents of your local conversations, memories, files, photos, contacts, or biometric data to Hugging Face for on-device model use. However, limited technical information required to process the model download request, such as IP address and device or browser details, may be processed by Hugging Face as part of providing its download service.

Data Export

Because your local app data remains stored on your device, you can retrieve it through Settings → Data Export. The Data Export feature allows you to export locally stored app data, including conversations, memories, and other supported data stored on your device.

Control of Local Data

We do not claim ownership of your local conversations, memories, or other locally stored data that remain on your device. To the extent data is processed solely on-device, that data remains under your control on your device.

3. INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

We are the owner or licensee of all intellectual property rights in the Services, including the App, source code, software, functionality, design, text, graphics, and trademarks, service marks, and logos contained in the Services (collectively, the “Content” and the “Marks”).

The Content and Marks are protected by copyright, trademark, and other intellectual property laws in the United States and elsewhere.

Limited License to You

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the App for your personal, non-commercial use.

Except as expressly permitted in these Terms, you may not copy, reproduce, republish, distribute, publicly display, create derivative works from, sell, license, or otherwise exploit any part of the Services, Content, or Marks without our prior written consent.

Feedback

If you send us any feedback, suggestions, ideas, or other comments about the Services (“Feedback”), you grant us a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free right to use, reproduce, modify, distribute, and otherwise exploit that Feedback for any lawful purpose without compensation to you.

4. SOFTWARE AND THIRD-PARTY MODEL LICENSES

We may include software in connection with the Services. If any software is accompanied by a separate end user license agreement, that agreement will govern your use of that software. Otherwise, we grant you a limited, non-exclusive, revocable, non-transferable license to use the software solely in connection with the Services and in accordance with these Terms.

Third-Party Models

The Services may allow you to browse, download, and use third-party local AI models through our model catalog. Those third-party models are made available for convenience only. We do not own those third-party models, and your use of any such model is subject to the license, terms, and policies of the applicable model provider.

By downloading, enabling, or using any third-party model made available through the Services, you agree to comply with the license, terms, acceptable use policy, prohibited use policy, notice requirements, and other obligations that apply to that model family.

Model Families Currently Supported

Without limiting the generality of the foregoing, current or future model families available through the Services may include:

You are solely responsible for reviewing and complying with the applicable upstream license terms before using any third-party model. If any third-party model license imposes restrictions, attribution requirements, notice obligations, redistribution conditions, naming conditions, or use restrictions, you are responsible for complying with them.

We reserve the right to add, remove, replace, or restrict access to any third-party model in the catalog at any time.

5. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

  1. you have the legal capacity and agree to comply with these Terms;


  2. you are not under 18 years of age, or, if you are under 18, you have parental or guardian permission to use the Services;


  3. you will not use the Services for any illegal or unauthorized purpose;


  4. your use of the Services will not violate any applicable law, regulation, or third-party right; and


  5. you will comply with any model-specific license or policy that applies to a third-party model you download or use through the Services.


6. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make them available.

As a user of the Services, you agree not to:

  • use the Services in violation of any applicable law or regulation;


  • use the Services to generate, distribute, or facilitate unlawful, harmful, abusive, infringing, fraudulent, or malicious content;


  • use any third-party model made available through the Services in violation of that model’s license, terms, or policies;


  • interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services;


  • upload or transmit viruses, malware, or other harmful material;


  • attempt to bypass or disable any security-related features of the Services;


  • reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App except as permitted by applicable law;


  • use automated means such as bots, scrapers, or scripts to interfere with the normal operation of the Services;


  • impersonate another person or falsely represent your affiliation with a person or entity;


  • use the Services in any way that competes with us or misuses our intellectual property.


7. MOBILE APPLICATION LICENSE

If you access the Services through the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, solely in accordance with these Terms.

You shall not:

  1. except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App;


  2. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App;


  3. remove, alter, or obscure any proprietary notice posted by us or the licensors of the App;


  4. use the App for any commercial purpose not expressly authorized by us;


  5. make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; or


  6. use any proprietary information or other intellectual property of ours in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.


Apple App Store and Google Play

If you obtained the App from the Apple App Store or Google Play, you acknowledge and agree that:

  • these Terms are between you and us, not with Apple or Google;


  • Apple and Google are not responsible for the App or its content;


  • your use of the App must comply with the applicable platform usage rules;


  • Apple and Google have no obligation to provide maintenance or support services for the App;


  • to the maximum extent permitted by law, Apple and Google will have no warranty obligation with respect to the App; and


  • Apple and Google are third-party beneficiaries of this section and may enforce it against you.


8. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

  • monitor the Services for violations of these Terms;


  • take appropriate legal action against anyone who violates the law or these Terms;


  • refuse, restrict, or disable access to the Services in our sole discretion;


  • remove or disable any feature, model, or functionality at any time; and


  • otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.


9. PRIVACY POLICY

Please review our Privacy Policy at https://www.oscilla.ai/legal/privacypolicy. By using the Services, you agree to be bound by the Privacy Policy, which is incorporated into these Terms by reference.

10. TERM AND TERMINATION

These Terms remain in effect while you use the Services.

We reserve the right, in our sole discretion and without notice or liability, to suspend, restrict, or terminate your access to the Services for any reason, including if we believe you have violated these Terms, applicable law, or any third-party model license or policy applicable to your use of the Services.

11. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, suspend, or discontinue the Services, in whole or in part, at any time and for any reason without notice.

We do not guarantee that the Services will be available at all times. We may experience hardware, software, third-party, or other problems that result in interruptions, delays, or errors. We are not liable for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or interruption.

12. GOVERNING LAW

These Terms and your use of the Services are governed by and construed in accordance with the laws of the District of Columbia, without regard to conflict of law principles.

13. DISPUTE RESOLUTION

Informal Negotiations

To help resolve disputes quickly and efficiently, you and we agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services (each, a “Dispute”) through good-faith informal negotiations for at least thirty (30) days before initiating arbitration, unless an exception below applies.

Binding Arbitration

If a Dispute is not resolved through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its applicable rules. The arbitration may be conducted remotely, by submission of documents, by phone, or in person, as permitted by the applicable rules.

YOU UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

Exceptions

The following disputes are not subject to mandatory arbitration:

  • claims seeking injunctive or equitable relief;


  • claims relating to intellectual property rights;


  • claims involving unauthorized access, piracy, theft, or misuse of the Services; and


  • any matter that applicable law does not permit to be resolved by arbitration.


Individual Proceedings Only

To the fullest extent permitted by law, all disputes must be brought in an individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.

Venue for Court Proceedings

If a Dispute is found not to be subject to arbitration, or if a court action is otherwise permitted under these Terms, the parties agree that the state and federal courts located in the District of Columbia will have exclusive jurisdiction, and each party consents to venue and personal jurisdiction there.

14. CORRECTIONS

There may be information in the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any such errors, inaccuracies, or omissions and to update information in the Services at any time, without prior notice.

15. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY OUTPUT GENERATED by THE SERVICES OR ANY THIRD-PARTY MODEL WILL BE ACCURATE, RELIABLE, LEGAL, OR SUITABLE FOR ANY PARTICULAR PURPOSE.

The Services may make third-party AI models available for download or local use, and we make no warranty regarding the accuracy, reliability, legality, availability, or suitability of any third-party model output.

16. LIMITATIONS OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100.00).

Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.

17. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

  1. your use of the Services;


  2. your violation of these Terms;


  3. your violation of applicable law;


  4. your violation of any third-party right, including intellectual property rights; or


  5. your violation of any third-party model license, acceptable use policy, prohibited use policy, or other terms applicable to a model you download or use through the Services.


18. LOCAL DATA AND USER RESPONSIBILITY

To the extent the Services store conversations, memories, exports, model files, or related app data locally on your device, you are responsible for maintaining your device, backups, and exported copies of that data.

We are not responsible for loss of locally stored data caused by device failure, deletion, corruption, operating system issues, app deletion, model file corruption, or other events outside our control.

19. ELECTRONIC COMMUNICATIONS

By using the Services or contacting us electronically, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that those communications be in writing.

20. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at:

1625 North Market Blvd., Suite N 112

Sacramento, California 95834

United States

or by telephone at (800) 952-5210 or (916) 445-1254.

21. MISCELLANEOUS

These Terms, together with any policies or legal notices posted by us in the Services or linked from the Services, constitute the entire agreement between you and us regarding the Services.

Our failure to enforce any right or provision of these Terms will not operate as a waiver of that right or provision.

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be deemed severable and will not affect the validity or enforceability of any remaining provisions.

We may assign our rights and obligations under these Terms at any time.

These Terms do not create any joint venture, partnership, employment, or agency relationship between you and us.

22. CONTACT US

If you have any questions about these Terms or the Services, please contact us at:

Martechia LLC

915 L ST NW, Unit 916

Washington, DC 20001

United States

Phone: 803-422-2706

Email: contact@oscilla.ai

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