1. Acceptance of Terms

These Terms of Service (“Terms”) are a legally binding agreement between you (referred to as “you” or “User,” whether an individual or an entity) and Omada AI, Inc. (“Omada.ai,” “we,” “us,” or “our”), governing your access to and use of the Omada.ai website and AI marketing platform, including all services, features, and applications offered (collectively, the “Service”). By registering an account, or by accessing or using any part of the Service, 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 are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case “you” will refer to that entity. If you do not agree to these Terms, you must not use or access the Service.

We may update these Terms from time to time. We will notify you of material changes (for example, by updating the “Effective Date” at the top of this document and, if changes are significant, by additional notice such as email or a message through the platform). By continuing to use the Service after any revisions become effective, you agree to be bound by the updated Terms. If you do not agree to the new terms, you must stop using the Service and, if applicable, cancel your account.

2. Eligibility

Age and Capacity: The Service is intended for use by businesses and individuals who are at least 18 years old, or the age of majority in your jurisdiction, whichever is higher. By using the Service, you represent and warrant that you are legally capable of entering into a binding contract and meet the foregoing age requirement. The Service is not intended for children or anyone under the age of 13. If you are under 13 years old, you are strictly prohibited from using the Service or providing any information to us. If you are 13 or older but under the age of majority, you may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

Business Use: If you use the Service on behalf of a business, organization, or entity, you affirm that you have the authority to bind that entity to these Terms and you agree to these Terms on behalf of that entity. In such case, all references to “you” include the entity. You also affirm that such entity and its users meet any eligibility requirements and will use the Service only in compliance with these Terms and all applicable laws.

3. Account Registration and Security

To access many features of Omada.ai, you must create an account. When registering an account, you agree to provide true, accurate, current, and complete information about yourself (or your organization) as prompted by the registration form. You also agree to update such information promptly to keep it accurate and complete. You are responsible for maintaining the confidentiality of your account login credentials (username and password or any other credential method we provide). You must not share your account credentials with others, and you agree to notify us immediately at support@omada.ai if you suspect any unauthorized access to or use of your account.

You are responsible for all activities that occur under your account. Omada.ai will not be liable for any loss or damage arising from unauthorized use of your credentials (whether with or without your knowledge). We reserve the right to suspend or terminate your account (in addition to any other rights or remedies) if any information provided during the registration process or thereafter is or becomes inaccurate, false, or misleading, or to investigate suspected fraudulent activity or security issues.

4. Description of the Service

Omada.ai provides a cloud-based AI marketing platform designed to help small businesses and other users generate marketing content and automate marketing tasks. Our Service includes several AI-powered “agents” or tools, including but not limited to:

• Graphics Agent: for creating or enhancing images, graphics, and design elements for marketing materials.
• Video Agent: for generating or editing short marketing videos or animations.
• Social Media Agent: for drafting, scheduling, and posting content to your social media channels and analyzing engagement.
• Customer Chat Agent: an AI chatbot that can assist with customer inquiries or simulate chat interactions for customer service purposes.
• Marketing Assistant: a general AI assistant to help brainstorm campaigns, write copy (like blog posts, emails, or ad text), analyze marketing data, and provide strategy suggestions.

The Service may allow you to input prompts, content, or data (such as text, images, or parameters) to these agents, which will then produce AI-generated outputs (collectively, "AI-Generated Content"). Omada.ai uses a combination of proprietary technology, machine learning models, third-party large language models, and various third-party APIs to deliver these functionalities. We continuously work to improve the Service and may add, modify, or remove features or agents from time to time. All new features introduced will also be subject to these Terms.

Third-Party Services: Some features of Omada.ai rely on integrations with third-party platforms or services. For example, the social media agent may integrate with social network APIs (such as those of Facebook, Instagram, Twitter/X, LinkedIn, etc.) to publish content or retrieve data on your behalf, and our AI functionality may call external AI model APIs. Your use of third-party services through our platform is subject to those third parties’ terms and conditions as well. You are responsible for ensuring that your use of the Service in conjunction with any third-party service (and the content you choose to share) complies with all applicable third-party terms. We are not responsible for the functionality or availability of third-party services, and we do not guarantee that any third-party integration will continue to be available for our use. We may also introduce app marketplaces or links to third-party content; we do not endorse or assume responsibility for any such third-party offerings.

Service Modifications: We reserve the right to modify, suspend, or discontinue the Service or any part thereof at any time, with or without notice. We will not be liable to you or any third party for any such modification or cessation of the Service. If you are on a paid plan and a discontinuation materially affects you, please contact us to discuss any refund on a pro-rata basis for the remaining portion of your subscription, if applicable.

5. User Content and Intellectual Property Rights

5.1 Your Content

In the course of using Omada.ai, you and other users may provide or upload content to the Service, including but not limited to text, images, graphics, videos, data, brand assets, or other materials (“User Content”). You retain all rights and ownership of your original User Content. Omada.ai does not claim any ownership over content and media that you provide to us. However, by uploading or inputting User Content into the Service, you grant Omada.ai a limited, worldwide, non-exclusive, royalty-free license to use, reproduce, process, transmit, and display your User Content solely for the following purposes: (a) to operate, maintain, and improve the Service (including to allow our AI agents to process the content and generate outputs as requested by you); (b) to provide support and troubleshooting to you; and (c) as otherwise permitted by our Privacy Policy or expressly authorized by you. This license is for the duration of the business relationship (until your content is deleted from our systems) and is necessary for us to provide you with the functionalities of the Service. We will not use your User Content for marketing or other purposes without your explicit consent.

Your Responsibilities for User Content: You are solely responsible for all User Content you upload, submit, or generate using the Service. This means you must ensure that you have all necessary rights, licenses, and permissions to use and share such content. You agree not to upload or use any User Content that: (i) infringes or violates any intellectual property rights, privacy rights, publicity rights, or other rights of any person or entity; (ii) is unlawful, harmful, harassing, defamatory, threatening, vulgar, obscene, or otherwise objectionable (including content that is pornographic, promotes violence or hatred, or is discriminatory); (iii) contains any viruses, malware, or harmful components that could damage our systems or those of other users; or (iv) violates any applicable law or regulation. We do not pre-screen User Content, but we reserve the right (without obligation) to remove or disable access to any content that we believe violates these Terms or applicable law, at our sole discretion, and to terminate accounts that repeatedly violate content rules. You acknowledge that by using the Service, you may be exposed to content from others that you find offensive or inappropriate; we do not endorse any User Content and your reliance on it is at your own risk.

5.2 AI-Generated Content

Content generated by our AI agents based on your inputs (e.g., an image created by the graphics agent or text produced by the marketing assistant in response to your prompt) will generally be considered your content once generated, to the extent permitted by law.

Ownership of AI outputs: Omada.ai does not claim ownership of the AI-generated outputs we provide to you. As between you and us, you will own the rights to the AI-generated content that the Service creates for you, with the following clarifications: (a) If the output includes or is derived from your User Content, you obviously retain ownership of those original elements; (b) Because AI-generated content is produced by an algorithm, such content may not be eligible for traditional copyright protection in some jurisdictions (or it may be considered in the public domain if lacking human authorship). We make no guarantee about the copyright or intellectual property status of AI-generated content. (c) We recommend that you review all AI outputs before use, especially for factual accuracy and potential third-party intellectual property issues. The AI may inadvertently generate text or images that resemble existing copyrighted works or include facts that need verification. You are responsible for using the AI-generated content in compliance with all applicable laws and for any consequences arising from its use.

By using the Service, you grant Omada.ai the right to retain and use AI-generated content (associated with your account) as necessary to provide the Service (for example, storing the content so you can access it in your account history, or using it to fulfill a request like posting to your social media). We will treat any AI-generated content that includes personal information or your confidential business information as confidential and will not disclose it to other users or the public unless you choose to share it. We may use AI-generated content in aggregate, anonymized form to improve our algorithms and services, as described in the Privacy Policy.

5.3 Omada.ai’s Intellectual Property

All rights, title, and interest in and to the Service, including all software, algorithms, models, code, technology, user interface, design, know-how, and any content provided by us (except for your User Content and AI-generated outputs as described above), are and will remain the exclusive property of Omada AI, Inc. and its licensors. The Service is protected by copyright, trademark, trade secret, and other intellectual property laws. “Omada.ai,” the Omada.ai logo, and any other product or service names or slogans we may use are trademarks of Omada AI, Inc. (or its affiliates or licensors). You have no rights to use any of these marks without our prior written consent. Omada.ai grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your internal business purposes and strictly in accordance with these Terms and any usage policies we may implement (such as plan limits, API call limits, etc.). Except as expressly permitted in these Terms, you must not copy, modify, distribute, sell, lease, reverse engineer, decompile, or attempt to extract the source code of our software or any part of the Service. We reserve all rights not expressly granted to you in these Terms.

5.4 Feedback

We welcome your feedback, ideas, or suggestions about the Service (“Feedback”). If you provide Feedback to us, you acknowledge that it is given voluntarily and we are free to use it, disclose it, or implement it without any compensation or obligation to you. Any Feedback you provide is not confidential and becomes our sole property. We may use your Feedback to improve our products and services.

6. User Responsibilities and Acceptable Use

By using Omada.ai, you agree to comply with the following user responsibilities and acceptable use guidelines. You shall:

• Compliance with Laws: Use the Service only for lawful purposes and in compliance with all applicable local, state, national, and international laws and regulations. This includes (but is not limited to) data privacy laws, intellectual property laws, anti-spam laws, export control regulations, and any rules of the platforms you interact with via our Service (e.g., social media terms of use).
• Account Integrity: Provide and maintain accurate information for your account. Do not impersonate any person or entity or misrepresent your affiliation with anyone. You may not create multiple accounts for disruptive or abusive purposes, or squat on usernames.
• Use Restrictions: You must not:

• Use the Service in any manner that could disable, overburden, damage, or impair the platform or interfere with any other party’s use of the Service (e.g., attempting to launch denial-of-service attacks, spreading malware, or engaging in abusive scripting).
• Attempt to gain unauthorized access to any portion of the Service, or any other accounts, computer systems, or networks connected to the Service, whether through hacking, password mining, or any other means.
• Reverse engineer, decompile, decipher, or otherwise attempt to derive the source code or underlying algorithms of any part of the Service, except to the limited extent permitted by applicable law (and if so permitted, only with prior notice to us).
• Bypass, remove, deactivate, descramble, or otherwise circumvent any technological measure implemented by Omada.ai or any of our providers or partners to protect the Service (including security features or access controls).
• Use any robot, spider, scraper, crawler, or other automated means or interface not provided by us to access the Service or to extract data. (However, public search engine operators may use spiders to copy materials from the public portions of the Service for the sole purpose of creating publicly available searchable indices, subject to any robots.txt limitations.)
• Upload, transmit, or distribute any viruses, worms, or malicious code that could damage or interfere with the Service or others’ equipment.

• Content and Behavior Restrictions: You must not use the Service to create, upload, transmit, or store any content that:
• Violates or infringes anyone’s intellectual property or proprietary rights (e.g., do not use the AI to intentionally generate content that plagiarizes or violates copyrights or trademarks of third parties).
• Is unlawful, fraudulent, or promotes illegal activities. You must not use the Service to engage in or facilitate any criminal or illegal act (such as impersonation, human trafficking, gambling operations, etc.).
• Is defamatory, libelous, or knowingly false or misleading (e.g., do not use the platform to generate malicious false information about a person or organization).
• Is pornographic, sexually explicit (especially any content involving minors, which is strictly prohibited), or contains hateful, harassing, or abusive language or imagery toward any individual or group. Content that is racist, sexist, homophobic, transphobic, or otherwise discriminatory is not allowed.
• Promotes self-harm, suicide, or encourages any dangerous or destructive behavior.
• Violates any person’s privacy or personal data rights, or any applicable data protection law. For example, do not upload personal data about others without consent, especially sensitive data. You should also refrain from inputting personal information into the AI agents unless necessary, as the prompts and outputs might be processed by third-party AI providers (see Privacy Policy for details).

• No Misuse of AI Outputs: You are responsible for how you use the AI-generated content. You agree not to use outputs from the Service in a manner that violates any law or regulation or infringes rights. If the Service provides an output that contains code, images, or text, you must ensure you have the right to use it in your context (for instance, AI-generated code might require careful review before use in production, and AI-generated text might need fact-checking). Do not rely on the Service as professional advice. For example, content from the marketing assistant is for informational or creative purposes and is not a substitute for professional legal, financial, or marketing advice tailored to your situation. Always use your judgment and, if needed, consult professionals when using AI-generated content for decision-making.

• Respect for Omada.ai’s Rights: You must not misuse our intellectual property. This means you should not copy or distribute any part of the Service (other than your own content and results) without our prior written authorization. Do not remove or alter any copyright, trademark, or other proprietary notices contained within the Service.

If you become aware of any misuse of the Service or any violation of the above guidelines (by any user), please contact us immediately at support@omada.ai. We reserve the right to investigate any potential breach of this Section 6 and, at our discretion, remove or disable access to any content that violates these provisions and/or take appropriate legal action.

7. Payment Terms

Free and Paid Plans: Omada.ai may offer a range of service plans, including free (or trial) accounts and paid subscription plans with additional features or usage limits. The specific pricing and included features are described on our website or in your order form. If you sign up for a paid plan, you agree to pay the fees set forth for that plan. All fees are stated and payable in U.S. dollars, unless otherwise specified. Prices and features are subject to change, though changes to pricing for existing subscriptions will generally apply only at the end of the current billing period or upon renewal, unless otherwise agreed. We will endeavor to notify you in advance of any price changes affecting your account.

Billing and Payment: For subscription services, fees will be billed in advance on a recurring basis (e.g., monthly or annually) according to the plan you selected. By providing a payment method (such as a credit card or online payment account), you represent that you are authorized to use that payment method, and you authorize us (or our third-party payment processor) to charge your payment method for the applicable subscription fees, including taxes and any other charges you may incur in connection with the Service. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms, suspend or terminate your subscription, and/or impose a late fee (where permitted by law).

Refunds: Unless otherwise required by law or explicitly provided in a promotional offer, all sales are final and fees are non-refundable. If you cancel a paid subscription, you will typically continue to have access to the paid features until the end of your prepaid term, and the subscription will not renew thereafter. We do not provide refunds or credits for partial-month subscriptions, unused features, or early cancellation, except at our sole discretion or where legally mandated. If you believe a billing error has occurred, please contact us promptly at support@omada.ai so we can address it.

Changes to Subscription: You may upgrade or downgrade your plan if offered. Upgrading may result in an adjusted (pro-rated) charge for the remainder of the billing period or immediate start of a new billing cycle at the higher tier, depending on our policies. Downgrading your plan might result in loss of features or capacity – ensure you have saved any content or data that might be affected by a downgrade.

Taxes: The fees are exclusive of any taxes, levies, or duties imposed by taxing authorities. You are responsible for paying any applicable taxes (except taxes on our income). If we have the legal obligation to pay or collect taxes for which you are responsible, we will add that amount to your billing amount unless you provide a valid tax exemption certificate authorized by the appropriate taxing authority.

8. Term and Termination

Term: These Terms are effective on the date you first accept them and will continue until terminated by either party as permitted herein. Subscription plans may operate on monthly or annual renewal cycles, but your obligations under these Terms continue until the Terms are terminated as a whole (not just when a subscription period ends, if you still use or retain an account on the Service).

Your Right to Terminate: You may stop using the Service at any time. You may also delete your account or cancel any paid subscription through your account settings or by contacting us at support@omada.ai. If you cancel your subscription or delete your account, you will not receive a refund for any fees already paid, unless required by law or explicitly provided otherwise in writing.

Our Right to Terminate or Suspend: We may suspend or terminate your access to the Service (or terminate these Terms as they apply to you) for any of the following reasons: (a) you breach any provision of these Terms or violate applicable law; (b) your conduct, in our sole judgment, exposes us or our partners to risk or liability, or could be detrimental to other users, third parties, or the goodwill/reputation of Omada.ai; (c) you fail to pay fees due for the Service, if any; or (d) we decide to discontinue the Service or a portion thereof (if we discontinue the entire Service, we will make reasonable efforts to notify you in advance). In certain cases of serious or repeat violations, we may terminate or suspend your account immediately and without notice. For less serious issues, we will try to provide you with notice of the violation and an opportunity to cure it, if feasible.

Effect of Termination: Upon any termination of these Terms or your account, the rights and licenses granted to you will cease immediately. You must stop all use of the Service, and we may deactivate or delete your account and all associated data (except to the extent we are obligated or permitted to retain certain data under our Privacy Policy or applicable law). If you have any outstanding payments due, you will still be responsible for those amounts. Sections of these Terms that by their nature should survive termination (such as indemnification, disclaimers, limitations of liability, governing law, etc.) will survive. We are not liable to you or any third party for termination of your account or access to the Service, deletion of your content, or for our termination of the Service generally.

9. Disclaimer of Warranties

USE AT YOUR OWN RISK. Omada.ai strives to provide a useful and reliable Service, but we make no guarantees that the Service will be 100% accurate, error-free, or suitable for your specific needs. Your use of the Service, including any AI-generated content, is at your sole risk. The Service (including all content, functions, and tools) is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. No advice or information, whether oral or written, obtained from Omada.ai or through the Service, will create any warranty not expressly made herein.

AI Content and Third-Party Data: Omada.ai specifically disclaims any warranty that the AI-generated content or other results that you may obtain from the Service will meet your expectations or requirements, or that they will be error-free, reliable, complete, or free of objectionable material. The content generated by AI agents may occasionally produce incorrect statements, inconsistencies, or content that could be offensive or problematic. While we try to mitigate such issues (for instance, by implementing filters), we cannot guarantee that they will never occur. You are solely responsible for verifying the accuracy, quality, and legality of any content produced through the Service before using it in your business or publishing it. Additionally, Omada.ai is not responsible for information or content provided by third parties (including data from integrated third-party services or data sets used in AI training). We do not warrant that the Service or any content obtained through it will be uninterrupted, secure, or free of viruses or other harmful components.

Some jurisdictions do not allow the exclusion of certain warranties. To the extent such laws apply to these Terms, some of the above disclaimers may not apply to you. In those cases, the warranties will be disclaimed and limited to the fullest extent permitted by the applicable law.

10. Limitation of Liability

To the maximum extent permitted by law, in no event will Omada AI, Inc., its affiliates, directors, officers, employees, agents, partners, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages (including damages for loss of profits, revenues, business opportunity, goodwill, use, data, or other intangible losses), whether incurred directly or indirectly, arising out of or in connection with your access to or use of (or inability to use) the Service, or these Terms, even if we have been advised of the possibility of such damages.

To the extent permitted by law, Omada.ai’s total liability to you for all claims arising out of or relating to these Terms or the Service, regardless of the form of the action, will not exceed the greater of: (a) the total amount of fees actually paid by you to Omada.ai for the Service in the twelve (12) months immediately preceding the event giving rise to the claim; or (b) USD $100 (if you have not paid any fees).

The limitations of liability in this Section apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence), or otherwise, and regardless of whether any limited remedy herein fails of its essential purpose.

Exceptions: Some jurisdictions do not allow the exclusion or limitation of liability for certain damages. In such jurisdictions, our liability will be limited to the minimum extent required by law. Nothing in these Terms shall affect any statutory rights that you are entitled to as a consumer if you are using the Service as a consumer (though note that the Service is generally intended for business use). Additionally, nothing in these Terms is intended to exclude or limit liability that cannot be excluded under law (for example, certain liabilities for willful misconduct or personal injury).

You agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms and that Omada.ai would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.

11. Indemnification

You agree to defend, indemnify, and hold harmless Omada AI, Inc. and its affiliates, officers, directors, employees, consultants, and agents (collectively, the “Omada.ai Parties”) from and against any and all claims, damages, losses, liabilities, demands, actions, judgments, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Your Content you upload or submit through the Service (including the AI outputs generated based on your inputs), especially any claim that your content or use of the Service violates any third-party intellectual property or privacy rights or any law; (b) your use or misuse of the Service, including any use of AI-generated content or other results that leads to damage or liability; (c) your violation of any term of these Terms or any applicable law or regulation; or (d) your negligence or willful misconduct. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us (and doing so will not excuse your indemnity obligations). You agree not to settle any such matter without the prior written consent of Omada.ai. We will use reasonable efforts to notify you of any claim, action or proceeding covered by this indemnity upon becoming aware of it.

12. Governing Law and Dispute Resolution

Governing Law: These Terms and any dispute arising out of or relating to the Service or these Terms will be governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of law principles, except that the U.S. Federal Arbitration Act will govern Section 12 (Dispute Resolution) if arbitration is elected by the parties below. If you reside outside of the United States, you understand and agree that you are voluntarily choosing to use a U.S.-based Service and that U.S. laws (including data privacy and intellectual property laws) will govern any disputes, which may differ from the laws of your country of residence.

Agreement to Arbitrate: Please read this carefully. This section provides that any disputes may be resolved by binding arbitration rather than in court, if both parties agree to arbitration. You and Omada.ai agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Service that cannot be resolved through informal negotiations within 30 days shall be determined by binding arbitration at the election of either party. If either you or Omada.ai choose arbitration, neither party will have the right to litigate such claim in court or to have a jury trial, except as expressly set forth under “Exceptions” below. Discovery and appeal rights may also be limited in arbitration. This arbitration provision will survive termination of these Terms.

• Arbitration Procedures: The arbitration will be administered by a neutral arbitration provider (such as the American Arbitration Association, “AAA”) agreed upon by the parties, and the arbitration shall be conducted in English. The arbitration may be conducted telephonically or via video conference for relatively small claims or, if in-person, at a location in California reasonably convenient for both parties (or as otherwise agreed). The arbitrator’s decision will follow the terms of these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Each party will be responsible for their own arbitration fees, attorney fees and costs except: if the arbitration is initiated by Omada.ai, we will cover all filing and admin fees; if initiated by you, you will need to pay the filing fee (but if you cannot afford it and the claim is non-frivolous, we will pay as required to ensure the arbitration proceeds).
• Exceptions: Litigation of Small Claims & IP Claims: Notwithstanding the above, either party may elect to have claims heard in small claims court if the claim qualifies. Further, any disputes relating to intellectual property (such as infringement of copyrights, trademarks, or misuse of trade secrets) may be brought in court rather than through arbitration.
• Opt-Out Right: You have the right to opt out of arbitration entirely. To do so, you must send written notice of your decision to opt out to legal@omada.ai or to our mailing address (Attn: Legal Department) within 30 days of first accepting these Terms. If you do not opt out within this 30-day period, you and Omada.ai shall be bound by the arbitration terms above.

Jurisdiction and Venue: Subject to the above arbitration provisions, you agree that any judicial proceedings (other than small claims actions) will be brought in, and you consent to the exclusive jurisdiction of, the state and federal courts located within San Francisco County, California, USA for the resolution of any lawsuit or court proceeding permitted under these Terms. You waive any objection based on inconvenient forum and any objections to the exercise of jurisdiction by these courts.

13. Miscellaneous Provisions

13.1 Changes to the Service or Terms: As noted in Section 1, Omada.ai may modify these Terms from time to time. We may also change or discontinue the Service, in whole or in part, at any time (though we will attempt to provide advance notice for significant changes). We are not liable for any changes, price increases, or discontinuations, except as expressly set forth in these Terms.

13.2 No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Omada.ai to be effective.

13.3 Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.

13.4 Assignment: You may not assign or transfer these Terms (in whole or in part) or any rights or obligations hereunder without our prior written consent. Any attempt by you to assign these Terms without permission will be null. Omada.ai may freely assign or transfer these Terms or any of its rights and obligations at its discretion (for example, in the event of a merger, acquisition, or sale of assets, or by operation of law). These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

13.5 Entire Agreement: These Terms (together with any Order Form or subscription agreement, if applicable, and our Privacy Policy and any other policies or guidelines incorporated by reference) constitute the entire agreement between you and Omada.ai regarding the Service and supersede all prior agreements, understandings, or arrangements (whether oral or written) relating to its subject matter. You acknowledge that you have not relied on any representation, warranty, or statement not expressly set out in these Terms.

13.6 Relationship of Parties: Nothing in these Terms shall be construed to create a joint venture, partnership, employment, or agency relationship between you and Omada.ai. Neither party has authority to act as agent for, or to incur any obligations on behalf of, the other party.

13.7 Third-Party Beneficiaries: These Terms are for the benefit of you and Omada.ai (and our successors and assigns). Except as expressly provided in Sections like Indemnification (for indemnitees) or Limitation of Liability (for Omada.ai parties), these Terms are not intended to confer any rights or remedies on any third parties.

13.8 Force Majeure: Omada.ai shall not be liable for any delay or failure to perform its obligations resulting from causes outside its reasonable control, such as natural disasters, acts of government, war, terrorism, labor disputes, internet or telecommunication outages, third-party service failures, or other force majeure events.

14. Contact Information

If you have any questions about these Terms or need to contact us for any reason, please contact Omada.ai at:

Mailing Address: Omada AI, Inc., 1100 Bellevue Way NE Ste 8A #133, Bellevue, WA 98004

Email: support@omada.ai

We appreciate your cooperation and feedback. Thank you for choosing Omada.ai for your AI-powered marketing needs!

By using the Service, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.