Terms of
Service

OmniMark provides AI specialists — a Paid Ads Manager, a Community Manager, a Lifecycle Email Manager, a Support Manager, and others we may add — that read your business data, plan work, draft campaigns, creative, posts, and messages, and execute approved actions in your own accounts on third-party platforms. We offer it two ways: you run the specialists yourself on our platform, or our team runs them for you under a scope we agree in writing.

The Service is a tool operated by software. It is not legal, tax, accounting, or financial advice, and we are not your agent for any purpose beyond the actions you authorize in the product.

You must be at least 18 and using the Service for business purposes. Platform access is currently invite-only. You are responsible for everything done under your account, including by anyone you give access to. Keep your sign-in credentials secure and tell us promptly at privacy@omnimark.ai if you suspect unauthorized use.

The Service works by connecting to accounts you control — Meta, Google Ads, Instagram, Stripe, PostHog, Resend, and others. When you connect one, you:

• represent that you own it or are authorized to act on the owner’s behalf, and that you may grant us access;
• authorize us and the specialists to read data from it and to take the actions you approve in it; and
• agree to follow that platform’s own terms and advertising policies. Their rules apply to your campaigns whatever these Terms say, and a platform can reject, pause, or disable your account for reasons outside our control.

You keep ownership of your ad accounts, pages, domains, lists, and data. You can disconnect any integration at any time; some parts of the Service stop working when you do.

By default, nothing that writes to a connected platform happens without you. Every write — launching a campaign, changing a budget, publishing a post, sending a broadcast, replying to a customer — is proposed to your approval queue and executes only after you approve it.

We apply guardrails inside the product — a cap on how much a budget can be raised in one step, spend disclosure before activation, re-counting an email segment before a send, refusing to send if a segment grew past the approved size. Guardrails reduce risk; they do not remove it, and they are not a warranty.

Ad spend is billed to you by the platform, on your own payment method, in your own accounts. We never take a percentage of your spend. Our fees are separate from it. You are responsible for every charge incurred in your connected accounts, including charges from campaigns proposed by a specialist and approved by you or by an automatic setting you enabled.

Advertising results depend on auctions, creative, offer, market, and platform behavior we do not control. We make no guarantee of reach, clicks, conversions, revenue, return on ad spend, or deliverability.

Subscription fees are the amounts shown at sign-up or in your order, billed monthly in advance, in US dollars, and exclusive of taxes, which you pay. Plans renew each month until cancelled. You can cancel at any time, effective at the end of the current billing month; there are no long-term contracts. Fees already paid are non-refundable except where the law requires otherwise. We may change prices with at least 30 days’ notice before your next renewal, and we may suspend the Service for non-payment after notice.

You keep all rights to the data, copy, brand assets, and lists you bring. You grant us a non-exclusive, worldwide license to host, process, and transmit them, and to send them to our providers, only to operate the Service for you.

As between you and us, you own the images, video, copy, and campaigns the Service generates for you, subject to the terms of the underlying model providers. AI output can be wrong, generic, off-brand, or non-compliant. You are responsible for reviewing it before it goes live and for every claim, price, testimonial, and disclosure your ads and emails make.

If you use the email or support specialists, you are the sender of record. You confirm that every recipient consented to hear from you, that your lists were lawfully collected, and that you will honor unsubscribes and comply with CAN-SPAM, CASL, GDPR, and any other law that applies to you. Every message includes an unsubscribe mechanism, and the Service will never re-subscribe someone who opted out.

You will not use the Service to:

• break the law, or a connected platform’s policies;
• advertise or promote content that is deceptive, defamatory, hateful, sexually explicit, or that targets protected characteristics unlawfully;
• send unsolicited bulk email, or upload lists you did not collect with consent;
• upload malware, probe or overload our systems, or bypass access controls, rate limits, or the approval queue;
• reverse engineer the Service, or resell or white-label it without our written agreement;
• submit data you are not allowed to share with us, including sensitive categories such as health, financial account, biometric, or government-ID data.

We may suspend or terminate access for a violation, immediately where the risk warrants.

We do not promise a service level. We may change, add, or remove features, and we may take the Service down for maintenance. We will avoid material reductions to a paid plan without notice.

Either of us can end this agreement at any time: you by cancelling your subscription, us on 30 days’ notice, or immediately for breach or non-payment. On termination we stop performing, disable access, and delete or return your data as described in the Privacy Policy. Disconnect your integrations and export anything you want to keep before you close your account. Sections 5, 7, and 12 through 15 survive.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ITS OUTPUT WILL BE ACCURATE OR PROFITABLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE SUBSCRIPTION FEES YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. AD SPEND BILLED TO YOU BY A PLATFORM IS NOT A FEE PAID TO US AND IS NOT INCLUDED IN THAT CAP.

Some jurisdictions do not allow these limits; where that is so, they apply to the fullest extent permitted.

You will defend and indemnify OmniMark against third-party claims arising from your content, your ads and emails, your use of connected accounts, or your breach of these Terms or of a platform’s policies.

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. The state and federal courts located in Delaware have exclusive jurisdiction, and both parties consent to venue there. The UN Convention on Contracts for the International Sale of Goods does not apply. Before filing, email us — most disputes are cheaper to solve in a conversation.

These Terms and the Privacy Policy are the entire agreement between us on this subject and replace anything said earlier. If you have a signed order with us, it controls where the two conflict. You may not assign this agreement without our consent; we may assign it in a merger or sale of assets. If a provision is unenforceable, the rest stands. Not enforcing a right once does not waive it. Neither party is liable for delays caused by events outside its reasonable control.

We may update these Terms; we will move the “last updated” date and, for material changes, notify account holders by email or in the dashboard before they take effect. Continuing to use the Service after that means you accept the new version.

Questions about these Terms: privacy@omnimark.ai.