Terms of Service

1. Agreeing to these Terms

These Terms of Service ("Terms") are a legal agreement between you and Open Session Inc. They govern your use of opensession.co and of any other website of ours that says these Terms apply to it (together, the "site").

By using the site, you agree to these Terms. If you do not agree, please do not use the site.

Our Privacy Policy explains how we collect and use personal information when you use the site, including how we use cookies and how you can change your choices.

2. Who we are

The site is operated by Open Session Inc., a Delaware corporation based in San Diego, California ("open session", "we", "us" or "our"). open session is a design company. We also make BOS [Brand Operating System].

You can reach us at hello@opensession.co.

3. Who may use the site

You may use the site only if you are at least 18 years old and able to form a binding contract with us.

If you use the site on behalf of a company or other organization, you confirm that you have the authority to accept these Terms for it. In that case, "you" includes that organization.

We operate the site from the United States. We do not promise that the site is appropriate or available in other places. If you use it from outside the United States, you are responsible for following your local laws.

4. The site and changes to it

The site shares information about open session, our work, our thinking and our products, and it offers free resources. It is free to use, and you do not need an account.

We may change, add or remove any part of the site, its content or its features at any time. We may also suspend the site or stop offering it, in whole or in part, at any time and without notice. We do not promise that the site, or any content or resource on it, will be available at any particular time or place, or that it will stay available.

Camera feature

Our home page includes an optional feature that shows a live view from your camera on the page. It turns on only if you choose it and allow camera access in your browser. Use it only where you are allowed to, and do not capture other people without their permission. If you take a snapshot, it is saved only to your own device, and you are responsible for how you use and share it. Our Privacy Policy explains how this feature handles your camera feed.

5. Our content and intellectual property

Site content

The site and its content, including its text, images, video, 3D models, graphics, design, code and case study write-ups, belong to us or our licensors, except for the work, names and logos of others described below. They are protected by copyright, trademark and other laws.

Apart from the license for free resources in Section 6, these Terms do not give you any rights in the site or its content. You may view the site, share links to it, and keep a copy of a page for your own personal, non-commercial reference. Anything else, such as copying, republishing, selling or adapting site content, needs our prior written permission, unless the law allows it without permission.

Our trademarks

The open session and BOS names and logos, and our other brand features, are our trademarks. You may not use them without our prior written permission, except to refer to us or our products accurately, for example when you link to the site.

Work, names and logos of others

Some pages show work made for other companies, together with those companies' names and logos. That work, and those names, logos and trademarks, belong to their respective owners. They are not licensed to you, and you may not copy or use them. Showing them does not mean that those companies endorse or sponsor the site, our resources or our products. Any other trademarks on the site also belong to their owners.

Reporting infringement

If you believe something on the site infringes your copyright or other rights, email us at hello@opensession.co. Tell us what the material is, where it appears on the site, and why you believe it infringes your rights. We may remove material in response to a complaint.

6. Free resources and templates

We offer free resources, such as design files, templates, tools and code (each a "resource"). Some are hosted on other platforms, such as Figma, GitHub or Vercel. When you open a resource on another platform, that platform's own terms also apply to you.

If we ask for your email address before you open a resource, giving it is optional. You can skip that step and go straight to the resource.

Resources with their own license

Some resources come with their own license, such as an open-source license in a code repository, or the license terms that apply to files published on the Figma Community. If a resource comes with its own license, that license governs your use of that resource, in place of the license and restrictions under "Our license for other resources" below. The rest of this Section 6 still applies.

Our license for other resources

For any other resource that you can download or duplicate, such as a template or design file, and unless the resource says otherwise, we give you a worldwide, non-exclusive, non-transferable, royalty-free license, under the rights we hold in it, to use, copy and modify it to make your own personal and commercial projects. A project can be something you make for yourself or for a client, such as a website, a presentation or a product.

Unless the resource says otherwise, you may not:

• sell, resell, rent, license, sublicense, share or redistribute a resource, whether as it is or with only minor changes, and whether for free or for a fee;
• include a resource, or a substantial part of it, in any template, UI kit, design system, theme, asset pack or similar product that you make available to others, whether free or paid;
• claim that you created a resource, or remove any credit, copyright or license notice from it; or
• use a resource in a way that suggests we endorse you or your work.

Your projects belong to you, except for the parts that come from a resource, which remain ours or our licensors'. We keep all rights we do not expressly grant in these Terms. If you break the conditions in this section, your license to use the resource ends automatically.

If a resource is an online tool or website, you may use it as we offer it. Unless it comes with its own license, these Terms do not give you a license to copy its code, design or content.

Material from others

Some resources may include material that belongs to others, such as fonts, icons, images or code libraries. Our license does not cover that material. It is governed by its own license, and you are responsible for following it.

No support

Resources are free and are provided as they are, as Section 13 explains. We are not required to support, update or fix any resource, and we may change or remove any resource at any time.

7. Newsletter and emails

If you sign up for our emails, for example with the "Stay in the loop" form in the site footer, the newsletter box on our contact form, or the prompt when you open a free resource, we may send you emails about our posts, free resources and products. You can unsubscribe at any time.

We send these emails through third-party email services, such as Substack. Those services may apply their own terms and privacy policies to your subscription. For example, Substack may create a Substack account for you when you subscribe, and may send you its own emails. That account is governed by Substack's terms.

Our Privacy Policy explains how we handle your email address and how to unsubscribe.

8. Messages, ideas and feedback

Messages you send us

When you send us a message through the site, such as through our contact form, you are responsible for what you send. Make sure it is accurate and lawful, and that you have the right to share it. Please do not send us sensitive personal information, or confidential information that is not covered by a separate written agreement with us.

Unsolicited ideas

We work on our own ideas, designs and products, and we may already be working on something similar to what you send us. If you send us ideas, proposals, designs or other materials that we did not ask for, we will not treat them as confidential or proprietary, unless we have agreed otherwise in a separate written agreement. We may develop or use similar ideas without any obligation to you. This does not affect how we handle personal information in what you send, which our Privacy Policy describes.

Feedback

If you give us suggestions, comments or other feedback about open session, the site, our resources or our products, we may use that feedback freely, for any purpose, without paying you or owing you anything. To make that possible, you grant us a worldwide, perpetual, irrevocable, royalty-free, transferable and sublicensable license to use, copy, modify and otherwise exploit your feedback. We will not name you publicly as its source without your permission.

9. Acceptable use

Please use the site lawfully and respectfully. You may not:

• use the site in a way that breaks the law or infringes anyone's rights;
• access, or try to access, any part of the site, our systems or our data that is not meant for you;
• probe, scan or test the vulnerability of the site without our written permission;
• interfere with or disrupt the site, overload it, or get around any security or anti-abuse feature, such as the bot check on our forms;
• send spam, malware or other harmful code through the site, or use our forms to send messages that are abusive, misleading or unlawful;
• give false information, impersonate anyone, or sign someone else up for our emails without their permission;
• use bots, scrapers or other automated tools to access the site or copy its content in bulk, except for search engines and similar services that follow our robots.txt file;
• frame or mirror the site, or copy its design or content to create a confusingly similar website;
• use our names, our logos or the site in a way that suggests we endorse you or are affiliated with you, unless we have agreed to it in writing;
• remove or change any copyright, trademark or other notice on the site or in any resource; or
• help or encourage anyone else to do any of these things.

If you think you have found a security vulnerability on the site, please tell us at hello@opensession.co rather than testing it further.

10. Third-party links and services

The site links to websites and services that we do not operate. These include our social media pages, the websites of companies whose work we show, and the platforms that host some of our free resources. Some features also use services run by others, such as Cal.com when you book a call with us, and Substack for our newsletter.

Our blog posts may offer a Summarize option. If you choose it, it opens a third-party AI assistant that you pick, such as Claude, ChatGPT, Gemini or Grok, in a new tab, with a request to summarize that post. The request includes the post's title and link. We do not add any information about you to it. If you pick Gemini, the request is also copied to your clipboard. The assistant is run by its provider under its own terms and privacy policy. Its summary is generated by AI, can be inaccurate or incomplete, and does not come from us, so read the post itself before you rely on it.

We provide these links and services for convenience. We do not control them, and we are not responsible for their content, availability or practices, or for how they handle your information. A link is not an endorsement. Your use of a third-party website or service is governed by its own terms and privacy policy.

11. Client engagements

If we provide design or other services to you or your organization, a separate written agreement governs that work, such as a proposal, statement of work or services agreement. If that agreement conflicts with these Terms, the agreement controls for that work.

Nothing on the site is an offer to provide services. Contacting us, booking a call or discussing a project does not create a client relationship, or any obligation for either of us, until we have both agreed to a written agreement.

12. BOS

BOS has its own terms and privacy policy. Your use of BOS, including bos.live, is governed by the BOS Terms of Service at bos.live/legal/terms and the BOS Privacy Policy at bos.live/legal/privacy, not by these Terms.

Anything the site says about BOS or other products we are developing, including their features, pricing or timing, describes our current plans. Those plans may change, and they are not a promise to deliver any product or feature.

13. Disclaimers

To the fullest extent the law allows, the site, its content and all resources are provided "as is" and "as available", without warranties of any kind. We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement and accuracy, and any warranties arising from course of dealing or usage of trade.

We do not promise that the site or any resource will be uninterrupted, timely, secure, or free of errors, viruses or other harmful components, or that any defect will be corrected.

Blog posts, case studies, resources and other content on the site are for general information only. They reflect our views and experience at the time we wrote them, and they may be out of date, incomplete or wrong. They are not professional advice of any kind, including legal, financial, tax, business or technical advice. Check anything important with a qualified professional before you rely on it. You are responsible for reviewing and testing any resource, including any code, before you use it.

Some places do not allow certain warranties to be excluded. Where that is the case, these exclusions apply to you only to the extent the law allows.

14. Limitation of liability

To the fullest extent the law allows:

• neither open session nor its affiliates, officers, directors, employees, agents, suppliers or licensors will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill or data, arising out of or relating to the site, any resource or these Terms, even if we were told such damages were possible; and
• the total liability of open session and its affiliates, officers, directors, employees, agents, suppliers and licensors, taken together, for all claims arising out of or relating to the site, any resource or these Terms is limited to one hundred US dollars (USD 100).

These limits apply whatever the legal theory of the claim, whether contract, tort (including negligence), strict liability or anything else, and even if a remedy fails of its essential purpose. The site and its resources are free, and these limits reflect that.

Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law.

15. Indemnity

To the extent the law allows, you will defend, indemnify and hold harmless open session and its affiliates, officers, directors, employees and agents from and against any claims, losses, liabilities, damages, costs and expenses, including reasonable attorneys' fees, arising out of or relating to:

• your misuse of the site or any resource;
• any project or other work you make using a resource;
• anything you submit or send to us;
• your breach of these Terms; or
• your violation of any law or of anyone else's rights.

This section does not apply to the extent a claim is caused by our own breach of these Terms, or by our fraud, gross negligence or willful misconduct.

We may take over the defense of any claim covered by this section. If we do, you will cooperate with us. You may not settle any such claim without our prior written consent.

16. Suspending or ending access

We may suspend or end your access to all or part of the site, block traffic from you, or remove or disregard anything you send us. We may do this at any time, with or without notice, for any reason, including if we believe you have broken these Terms, or if we need to protect the site, us or others, or to comply with the law.

If your access ends, the parts of these Terms that by their nature should continue will continue to apply. These include Sections 5, 6, 8, 13, 14, 15, 17 and 19.

17. Governing law and disputes

Governing law. These Terms, and any dispute arising out of or relating to them, the site or any resource (a "dispute"), are governed by the laws of the State of California and applicable US federal law, without regard to conflict-of-laws rules.

Informal resolution first. Before starting court proceedings, the party with the dispute must send the other a written description of it and try in good faith to resolve it for 30 days. Please send your description to hello@opensession.co. This step does not apply to claims about intellectual property or misuse of the site, and it does not stop either of us from seeking urgent injunctive relief.

Courts. The state and federal courts located in San Diego County, California, have exclusive jurisdiction over any dispute, and you and we each consent to personal jurisdiction and venue there. Either of us may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property rights.

Individual claims. To the extent the law allows, you and we may each bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class, collective or representative proceeding.

Your local rights. If the law where you live gives you the right to bring a dispute in your local courts, or to rely on consumer protection rules that cannot be waived by contract, these Terms do not take those rights away.

18. Changes to these Terms

We may update these Terms from time to time. The "Last updated" date at the top shows when they last changed.

If we make a material change, we will post a notice on the site, for example on this page, at least 30 days before the change takes effect. Two kinds of change may take effect sooner:

• changes needed to comply with the law or to address a security risk or misuse of the site; and
• changes that are not material, such as clarifications or new contact details, which take effect when we post them.

Changes apply going forward only. They do not apply to a dispute that arose before the change took effect. If you keep using the site after a change takes effect, the updated Terms apply to you. If you do not agree to them, please stop using the site.

19. General terms

Entire agreement. These Terms are the entire agreement between you and us about the site, and they replace any earlier terms for the site. A license that comes with a resource, and a separate agreement described in Section 11 or Section 12, also apply as these Terms describe.

Severability. If a court finds any part of these Terms unenforceable, that part will be enforced to the greatest extent the law allows, and the rest of these Terms will stay in effect.

No waiver. If we do not enforce a right or provision of these Terms, that is not a waiver of it.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them, for example to an affiliate or as part of a merger, acquisition or sale of assets. Any other attempted assignment is void.

Events outside our control. We are not responsible for any delay or failure caused by events beyond our reasonable control.

Relationship. These Terms do not create a partnership, joint venture, employment or agency relationship between you and us. They do not give rights to anyone other than you and us.

Notices. We may give you notices by posting them on the site or, if you have given us your email address, by email. Please send notices to us at hello@opensession.co.

Interpretation. Headings are for convenience only. "Including" means "including without limitation".

20. Contact us

If you have questions about these Terms, please contact us:

• Email: hello@opensession.co
• Company: Open Session Inc., San Diego, California, United States