Terms of Service

Omnymous, LLC.

Last Updated: January 14, 2026

Effective Date: January 14, 2026

IMPORTANT NOTICES

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. By accessing or using the Omnymous platform, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this Platform.

THIS IS A BUSINESS-TO-BUSINESS (B2B) AGREEMENT. The Omnymous platform is designed for use by businesses and their authorized representatives. By using our Platform, you represent that you have the authority to bind your organization to these Terms.

LEGAL DISCLAIMER: These Terms of Service govern your use of Omnymous. They do not constitute legal advice. You should consult with qualified legal counsel regarding your specific legal obligations and compliance requirements.

1. Definitions

"Account" means the user account created to access the Platform.

"AI Credits" means the units of value used to access AI generation features on the Platform.

"API Keys" means authentication credentials for third-party AI providers (OpenAI, Anthropic, Google Gemini).

"BYOK" (Bring Your Own Key) means the subscription tier where Customers provide their own API keys for AI providers.

"Content" means all text, graphics, images, documents, data, and other materials uploaded to or generated through the Platform.

"Customer" means the business entity that subscribes to and pays for the Platform.

"Customer Data" means any data, content, or information submitted by Customer or Users to the Platform.

"Generated Content" means content created by AI systems through the Platform, including market research, ad copy, images, and marketing variables.

"Organization" means the Customer's business entity as registered on the Platform.

"Platform" means the Omnymous software-as-a-service application, including all features, APIs, and related services.

"Subscription" means the paid access plan selected by Customer.

"Third-Party Services" means external services integrated with the Platform, including Shopify, Meta (Facebook/Instagram), Stripe, and AI providers.

"Users" means individuals authorized by Customer to access the Platform under Customer's Account.

2. Acceptance of Terms

2.1 Agreement to Terms

By creating an Account, accessing the Platform, or using any Services, you agree to:

These Terms of Service
Our Privacy Policy
Any additional terms applicable to specific features or services
All applicable laws and regulations

2.2 Authority to Bind

You represent and warrant that:

You have the legal authority to bind your Organization to these Terms
You are at least 18 years of age
Your Organization is a legally established business entity
All registration information is accurate and truthful

2.3 Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be:

Posted on our website with an updated effective date
Communicated via email for material changes
Effective 30 days after posting (or immediately for changes required by law)

Continued use after changes constitutes acceptance of the modified Terms.

3. Account Registration and Security

3.1 Account Creation

To use the Platform, you must:

Provide accurate registration information
Create a secure password
Verify your email address
Maintain current contact information

3.2 Account Security

You are responsible for:

Maintaining the confidentiality of your login credentials
All activities occurring under your Account
Immediately notifying us of any unauthorized access
Ensuring Users comply with these Terms

3.3 Multi-Tenant Organizations

Our Platform supports Organizations with multiple Users. Organization administrators are responsible for:

Managing User access and permissions
Assigning appropriate roles (owner, admin, manager, member, viewer)
Removing Users who no longer require access
Ensuring Users comply with these Terms

3.4 Store Access Controls

Access to connected stores within an Organization is managed through role-based permissions. Store owners and managers are responsible for granting appropriate access levels.

4. Subscription Plans and Billing

4.1 Subscription Tiers

Omnymous offers the following subscription tiers:

Subscription Plan:

AI credits included monthly (credits reset each billing cycle)
Storage allocation
All Platform features
Support included

BYOK (Bring Your Own Key) Plan:

Use your own AI provider API keys
Unlimited AI generation (subject to your provider limits)
Storage allocation
All Platform features

Enterprise Plan:

Custom pricing and terms
Volume discounts
Additional features and support
Governed by separate enterprise agreement

4.2 Free Trials

We may offer free trial periods. During trials:

Full Platform features are available
No payment is required until trial ends
Subscription begins automatically unless cancelled
Trial credits do not roll over to paid subscription

4.3 Billing and Payment

All prices are in United States Dollars (USD)
Monthly or annual billing cycles available
Payment processed via Stripe
Automatic renewal unless cancelled
Additional stores billed at published per-store rates

4.4 Taxes

Prices do not include applicable taxes. You are responsible for all taxes, duties, and governmental assessments associated with your subscription.

4.5 Refunds

Annual subscriptions: Pro-rata refund within first 30 days
Monthly subscriptions: No refunds for partial months
AI credits: Non-refundable once allocated
Enterprise: Per enterprise agreement terms

4.6 Subscription Changes

Upgrades: Effective immediately, prorated charges apply
Downgrades: Effective at next billing cycle
Cancellation: Access continues until end of current billing period

5. AI Credits System

5.1 Credit Allocation

For Subscription tier customers:

Credits are allocated at the start of each billing period
Credits are shared across all stores in an Organization
Unused subscription credits do not roll over to the next period

5.2 Credit Purchases

Additional credit packages may be purchased separately
Purchased credits do not expire
Purchased credits are used after subscription credits are depleted

5.3 Credit Usage

Credits are consumed when using AI generation features:

Market research generation
Marketing variable creation
Ad copy generation
Image generation
Other AI-powered features

Credit consumption varies based on:

Type of generation
Length and complexity of output
AI model used

5.4 Credit Balance

View credit balance in Platform dashboard
Low-balance notifications provided
Generation requests may be declined if insufficient credits

6. Bring Your Own Key (BYOK)

6.1 BYOK Overview

BYOK tier customers provide their own API keys for AI providers (OpenAI, Anthropic, Google Gemini). This allows:

Unlimited generation (subject to your provider limits)
Direct billing relationship with AI providers
Use of your own rate limits and quotas

6.2 BYOK Customer Responsibilities

By using BYOK, you agree that:

API Key Management: You are solely responsible for obtaining, managing, and securing your API keys
Provider Terms: You will comply with each AI provider's terms of service
Costs: You are responsible for all costs incurred with AI providers
Key Security: You will keep your API keys secure and rotate them if compromised
Provider Changes: We are not responsible for changes to provider terms, pricing, or availability

6.3 API Key Storage

We store your API keys using AES-256-GCM encryption. However:

You acknowledge the inherent risks of providing third-party credentials
We recommend using API keys with appropriate usage limits
Notify us immediately if keys are compromised
We cannot recover lost or corrupted keys

6.4 BYOK Limitations

We do not guarantee AI provider availability
Provider rate limits and quotas apply
Provider policy changes may affect functionality
No refunds for provider-side issues

6.5 Transitioning Between Plans

When transitioning from BYOK to Subscription tier or vice versa:

API keys will be immediately destroyed
Credit Balance and Monthly Quota are now available
No interruption to stored content or data

7. AI-Generated Content

7.1 Content Ownership

Customer Ownership: Subject to the terms herein, you retain ownership of:

Input prompts and parameters you provide
Content generated specifically for you through the Platform
Modifications you make to generated content

Omnymous License: You grant Omnymous a non-exclusive license to:

Process your inputs to provide the Services
Store generated content for your access
Use anonymized, aggregated data for service improvement

7.2 AI Content Disclaimers

NO WARRANTY OF ACCURACY: Generated content is provided "AS IS." We do not warrant that AI-generated content is:

Accurate or factually correct
Free from errors or omissions
Suitable for your specific purposes
Original or non-infringing

REVIEW OBLIGATION: You are responsible for:

Reviewing all generated content before use
Verifying factual claims and accuracy
Ensuring compliance with applicable laws
Obtaining necessary rights for commercial use

7.3 Prohibited Uses of AI Content

You agree NOT to use AI-generated content to:

Create deceptive or misleading advertising
Generate false testimonials or reviews
Produce content that violates third-party rights
Create content that is illegal, harmful, or discriminatory
Circumvent advertising platform policies
Generate spam or misleading communications

7.4 AI Limitations

You acknowledge that AI systems:

May produce inconsistent results
Can generate incorrect or biased information
May not understand nuanced context
Are not a substitute for professional expertise
May be affected by provider changes or outages

7.5 Intellectual Property in AI Content

We make no representation regarding IP ownership of AI outputs
You are responsible for ensuring generated content does not infringe third-party rights
We recommend consulting legal counsel for IP-related questions
AI-generated content may be similar to outputs generated for other users

8. Third-Party Integrations

8.1 Shopify Integration

When connecting your Shopify store:

You authorize us to access your store data via Shopify API
We will access products, pages, and store information
Access tokens are stored encrypted
You can disconnect the integration at any time
Shopify's terms of service apply to your Shopify account

8.2 Meta (Facebook/Instagram) Integration

When connecting Meta advertising accounts:

You authorize us to access your Meta Business accounts
We can read and manage campaigns, ad sets, and ads
We can access Meta pixel data for attribution
Meta's Platform Terms apply to your use of Meta services
We are not responsible for Meta policy enforcement actions

8.3 Stripe Integration

Payment processing is handled by Stripe:

Stripe's terms of service apply to payment processing
We do not store complete payment card information
PCI compliance is maintained by Stripe
See Stripe's privacy policy for their data practices

8.4 Integration Disclaimers

Third-party service availability is not guaranteed
Changes to third-party APIs may affect functionality
Third-party terms may change without notice
We are not responsible for third-party service issues
Data sharing with third parties is per their respective policies

9. Attribution and Analytics

9.1 Tracking Pixel

Our attribution system includes a tracking pixel that:

Collects anonymous visitor data on your websites
Tracks page views, product views, cart actions, and purchases
Uses hashed identifiers (not raw personal data)
Attributes conversions to marketing touchpoints

9.2 Customer Responsibilities for Pixel

By using our pixel, you agree to:

Disclose pixel tracking in your privacy policy
Obtain necessary consents from your website visitors
Comply with applicable privacy laws (GDPR, CCPA, etc.)
Not use the pixel on websites you do not control

9.3 Attribution Data

Attribution models include last-click, first-click, linear, and time-decay
Attribution data is based on available touchpoints
Accuracy depends on proper pixel implementation
Cross-device tracking limitations apply

10. Acceptable Use Policy

10.1 Permitted Uses

The Platform may be used for:

Managing e-commerce marketing activities
Generating marketing content and materials
Analyzing campaign and funnel performance
Organizing creative assets and knowledge
Attribution tracking for your own properties

10.2 Prohibited Conduct

You agree NOT to:

Violate Laws: Use the Platform for any illegal purpose or to violate any law
Infringe Rights: Upload content that infringes intellectual property rights
Harm Systems: Attempt to damage, disable, or impair the Platform
Unauthorized Access: Access accounts, data, or systems without authorization
Reverse Engineer: Decompile, reverse engineer, or extract source code
Circumvent Security: Bypass or attempt to bypass security measures
Abuse Resources: Use automated systems to overload our infrastructure
Resell Access: Resell or redistribute access without authorization
Misrepresent Identity: Impersonate another person or entity
Distribute Malware: Upload viruses, malware, or malicious code

10.3 Content Standards

Content uploaded or generated must not:

Be defamatory, obscene, or offensive
Promote violence or discrimination
Contain illegal material
Violate advertising platform policies
Infringe third-party rights
Constitute spam or misleading information

10.4 Enforcement

We reserve the right to:

Remove content that violates these Terms
Suspend or terminate accounts for violations
Report illegal activities to authorities
Cooperate with legal investigations

11. Intellectual Property

11.1 Omnymous Intellectual Property

We retain all rights to:

The Platform software and technology
Our trademarks, logos, and branding
Documentation and training materials
Proprietary algorithms and methods
Aggregated, anonymized insights

11.2 Customer Intellectual Property

You retain all rights to:

Your pre-existing intellectual property
Customer Data you upload
Your brand assets and materials
Modifications you make to generated content

11.3 Feedback

If you provide feedback, suggestions, or ideas, you grant us a perpetual, irrevocable license to use such feedback for any purpose without compensation.

11.4 DMCA Compliance

If you believe content on the Platform infringes your copyright:

Send a DMCA notice to: dmca@omnymous.com
Include: identification of the work, location of infringing material, your contact information, and a statement of good faith belief
We will respond in accordance with DMCA procedures

12. Confidentiality

12.1 Confidential Information

"Confidential Information" includes:

Business information not publicly available
Customer Data and generated content
API keys and authentication credentials
Pricing and commercial terms (except published rates)
Technical specifications and documentation

12.2 Obligations

Both parties agree to:

Protect Confidential Information with reasonable care
Not disclose Confidential Information to third parties
Use Confidential Information only for performing obligations under these Terms
Return or destroy Confidential Information upon termination

12.3 Exceptions

Confidentiality obligations do not apply to information that:

Is or becomes publicly available (through no fault of the receiving party)
Was known before disclosure
Is independently developed
Is disclosed pursuant to legal requirement

13. Data Protection and Privacy

13.1 Privacy Policy

Our Privacy Policy describes how we collect, use, and protect your data. By using the Platform, you agree to our Privacy Policy.

13.2 Customer as Data Controller

For personal data of your end customers:

You are the data controller
We act as a data processor on your behalf
You are responsible for compliance with privacy laws
You must provide appropriate privacy notices to your customers

13.3 Data Processing Agreement

Enterprise customers may request a Data Processing Agreement (DPA) that addresses:

Processing scope and instructions
Security measures
Sub-processor management
Data subject rights assistance
International data transfers

13.4 Data Portability

You may export your data at any time through:

In-app export features
API access
Requesting assistance from support

13.5 Data Deletion

Upon account termination:

Customer Data is deleted within 30 days
Backups are purged per our retention schedule
Some data may be retained for legal compliance

14. Warranties and Disclaimers

14.1 Limited Warranty

Omnymous warrants that:

The Platform will perform substantially as described
We will use commercially reasonable security measures
We will provide the Services with reasonable skill and care

14.2 DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING:

IMPLIED WARRANTIES OF MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
ACCURACY OR RELIABILITY OF AI-GENERATED CONTENT
UNINTERRUPTED OR ERROR-FREE OPERATION
COMPATIBILITY WITH THIRD-PARTY SERVICES

14.3 Third-Party Services Disclaimer

WE MAKE NO WARRANTIES REGARDING THIRD-PARTY SERVICES INCLUDING:

Shopify platform availability
Meta advertising platform functionality
AI provider (OpenAI, Anthropic, Google) services
Payment processor (Stripe) services
Cloud infrastructure (AWS) services

14.4 AI-Specific Disclaimers

AI-GENERATED CONTENT IS PROVIDED WITHOUT WARRANTY. SPECIFICALLY:

No warranty of accuracy, completeness, or reliability
No warranty of suitability for any purpose
No warranty of non-infringement
No warranty of compliance with advertising policies
Results may vary and are not guaranteed

15. Limitation of Liability

15.1 EXCLUSION OF DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OMNYMOUS SHALL NOT BE LIABLE FOR:

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
LOSS OF PROFITS, REVENUE, OR BUSINESS
LOSS OF DATA OR DATA BREACH DAMAGES
LOSS OF GOODWILL OR REPUTATION
COST OF PROCUREMENT OF SUBSTITUTE SERVICES
DAMAGES RESULTING FROM THIRD-PARTY SERVICE FAILURES
DAMAGES RESULTING FROM AI-GENERATED CONTENT

EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.2 LIABILITY CAP

OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF:

THE AMOUNTS PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR
ONE HUNDRED UNITED STATES DOLLARS ($100 USD)

15.3 BYOK-Specific Limitations

FOR BYOK CUSTOMERS, OMNYMOUS IS NOT LIABLE FOR:

Charges incurred with AI providers
API key security breaches
AI provider service disruptions
Changes to AI provider terms or pricing
AI provider policy enforcement actions

15.4 Exceptions

The limitations in this section do not apply to:

Fraud or intentional misconduct
Breaches of confidentiality obligations
Indemnification obligations
Liability that cannot be excluded by law

15.5 Basis of the Bargain

The disclaimers and limitations in Sections 14 and 15 are fundamental elements of the bargain between you and Omnymous. We would not provide the Platform without these limitations.

16. Indemnification

16.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless Omnymous and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

Your use of the Platform
Your breach of these Terms
Your violation of any law or third-party rights
Customer Data you upload or generate
Your use of AI-generated content
Your end customers' claims regarding your use of the Platform
Advertising claims or regulatory actions related to your marketing
BYOK API key misuse or security incidents

16.2 Indemnification Procedure

For indemnification claims:

We will promptly notify you of any claim
You will have sole control over the defense (with our approval of counsel)
We will cooperate with your defense efforts
You will not settle any claim without our consent

17. Term and Termination

17.1 Term

These Terms are effective from your first use of the Platform and continue until terminated.

17.2 Termination by Customer

You may terminate your Account:

By cancelling your subscription in Account settings
By contacting support for immediate termination
Upon termination, access continues until end of billing period

17.3 Termination by Omnymous

We may suspend or terminate your Account:

For breach of these Terms (with notice and cure period where practical)
For non-payment (after grace period)
For illegal activity (immediately)
For inactivity exceeding 12 months
For any reason with 30 days' notice

17.4 Effect of Termination

Upon termination:

Your access to the Platform ceases
Your right to use generated content continues (subject to license terms)
We will delete your Customer Data within 30 days
Encrypted API keys will be permanently destroyed
Unpaid fees remain due
Sections 7, 11, 12, 13, 14, 15, 16, and 19 survive termination

17.5 Data Export

Before termination, you should:

Export any data you wish to retain
Download generated content and assets
Disconnect third-party integrations

18. Dispute Resolution

18.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles.

18.2 Informal Resolution

Before initiating formal dispute resolution, the parties agree to attempt to resolve disputes informally by contacting legal@omnymous.com.

18.3 Arbitration

Any dispute arising from these Terms that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

Arbitration will take place in Wilmington, Delaware
Arbitration will be conducted in English
The arbitrator's decision is final and binding
Judgment may be entered in any court of competent jurisdiction

18.4 Class Action Waiver

YOU AND OMNYMOUS AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

18.5 Exceptions to Arbitration

The following may be brought in court:

Claims for injunctive relief
Intellectual property disputes
Small claims court matters (where eligible)

18.6 Jury Trial Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AND OMNYMOUS WAIVE ANY RIGHT TO A JURY TRIAL.

19. General Provisions

19.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable Order Forms, constitute the entire agreement between you and Omnymous regarding the Platform.

19.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.

19.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

19.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

19.5 Force Majeure

Neither party shall be liable for failures or delays caused by circumstances beyond reasonable control, including natural disasters, war, terrorism, strikes, government actions, pandemic, or third-party service outages.

19.6 Notices

Notices under these Terms should be sent to:

To Omnymous: Omnymous, LLC. 1111b South Governors Ave STE 94887 Dover, DE, 19904 United States

To Customer: The email address associated with your Account

19.7 Independent Contractors

The parties are independent contractors. These Terms do not create any partnership, joint venture, or agency relationship.

19.8 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

19.9 Export Compliance

You agree to comply with all applicable export control laws and regulations. You will not use the Platform in violation of any U.S. export law or sanction.

19.10 Government Users

If you are a U.S. government entity, the Platform is provided as "commercial computer software" and "commercial computer software documentation" as defined in applicable regulations.

20. Contact Information

For questions about these Terms:

General Inquiries: Email: support@omnymous.com

Legal Inquiries: Email: legal@omnymous.com

Mail: Omnymous, LLC. 1111b South Governors Ave STE 94887 Dover, DE, 19904 United States

Appendix A: Service Level Commitment (Enterprise Only)

Enterprise customers may receive a Service Level Agreement (SLA) with:

Uptime guarantees
Response time commitments
Credit remedies for downtime
Dedicated support channels

Contact sales@omnymous.com for Enterprise SLA details.

Appendix B: Acceptable Use Policy Examples

Permitted:

Generating ad copy for your products
Creating market research reports
Managing Meta ad campaigns for your business
Tracking attribution for your e-commerce store

Prohibited:

Generating deceptive claims about competitors
Creating fake reviews or testimonials
Using the pixel on third-party sites without permission
Reselling Platform access to unauthorized parties

Document Version: 1.0 Classification: Public