Terms of Service

Overview

This website is operated by Odo Marketing. Throughout the site, the terms "we", "us" and "our" refer to Odo Marketing. Odo Marketing offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes.

This Terms of Service is divided into two sections:

• Part A: Terms of Service for website visitors and marketing agency clients
• Part B: Additional Terms of Service for Odo Marketing Social Media App users

Part A: Website & Marketing Agency Services

Section 1 Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 General Conditions

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

Section 3 Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.

Section 4 Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Section 5 Products or Services

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations.

Section 6 Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Section 7 Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion.

Section 8 Third-Party Links

Certain content, products and Services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites.

Section 9 User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right, and will not contain libelous or otherwise unlawful, abusive or obscene material. You are solely responsible for any comments you make and their accuracy.

Section 10 Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service is inaccurate at any time without prior notice.

Section 11 Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

• (a) for any unlawful purpose;
• (b) to solicit others to perform or participate in any unlawful acts;
• (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
• (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• (f) to submit false or misleading information;
• (g) to upload or transmit viruses or any other type of malicious code;
• (h) to collect or track the personal information of others;
• (i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
• (j) for any obscene or immoral purpose; or
• (k) to interfere with or circumvent the security features of the Service or any related website.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 11A Restricted Niches (Marketing Services)

Restricted Niches: We do not support campaigns, promotions, or content in the following areas:

• Acquisitions & Partnerships
• Adult Content
• Aesthetic Surgeries
• Alcohol
• Alternative Medicine / Metaphysical
• Betting & Sports Picks
• Cryptocurrency (Buying / Trading)
• Dating
• Financial Trading
• Government / Politics / Politicians
• Legal Cases
• Legal Marijuana / CBD
• Live Streaming & Broadcasting
• Loans / Mortgages
• Music with Explicit Content Labels
• Negative Press
• Pharmacy / Legal Drugs
• Politics / Political Candidates
• Religion
• Rewards & Play-to-earn / Gambling
• Scam & Fraud Recovery Services
• Selling Social Media Interactions
• Supplements
• Swimwear / Underwear / Leggings
• Third-Party Companies & People
• Tobacco / Vapes
• Weapons / Guns

We reserve the right to refuse service for any campaigns, content, or businesses that fall within these restricted niches. This policy applies to both our marketing agency services and the use of our social media management app.

Section 12 Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind. In no case shall Odo Marketing, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.

Section 13 Indemnification

You agree to indemnify, defend and hold harmless Odo Marketing and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third-party.

Section 14 Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service.

Section 15 Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice.

Section 16 Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us.

Section 17 Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

Section 18 Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.

Part B: Odo Marketing Social Media App

This section applies ONLY if you are using the Odo Marketing Social Media Management App and connecting your social media accounts to our platform.

1. Agreement to Terms (App)

By accessing and using the Odo Marketing Social Media App ("the App", "we", "us"), you agree to be bound by these additional Terms of Service specific to the app. If you do not agree to these Terms, please do not use the App. These Terms constitute a legally binding agreement between you and Odo Marketing regarding your use of the App.

Important: The terms listed in Part B are only applicable when you actively use the Odo Marketing Social Media App and connect your social media accounts. If you are simply browsing our website or using our marketing agency services without using the app, these app-specific terms do not apply to you.

2. Description of App Service

Odo Social Media is a comprehensive social media management platform that allows you to:

• Connect and manage multiple social media accounts (Facebook Pages, Instagram Business, LinkedIn, Twitter/X, Google Business Profile, TikTok).
• Schedule and publish posts across platforms.
• Manage customer messages and comments through a unified inbox.
• View analytics and engagement metrics for your content.
• Respond to customer inquiries and comments.
• Create and schedule content with AI assistance.
• Manage your brand presence across multiple social media platforms.
• Import media from third-party services (Dropbox, Canva).

3. Platform Permissions and Data Access (App Only)

To provide the Service, we require specific permissions for connected social media accounts. By connecting an account, you grant us the necessary permissions to perform actions on your behalf across Facebook, Instagram, LinkedIn, Twitter/X, Google Business Profile, TikTok, Dropbox and Canva, as described in our Privacy Policy.

Important: We only use these permissions to provide the features you explicitly use. We do not post content, send messages, or perform any actions without your explicit instruction through the Service interface.

4. Account Registration and Security (App Only)

4.1 Account Creation

To use the Service, you must:

• Be at least 18 years of age or have parental consent.
• Provide accurate, current, and complete information during registration.
• Maintain and update your information to keep it accurate.
• Have the legal authority to bind any organization on whose behalf you use the Service.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials, all activities that occur under your account, and notifying us immediately of any unauthorized use of your account.

5. Social Media Account Connections (App Only)

5.1 Authorization

When you connect a social media account to the Service, you represent that you have the legal authority to grant us access to that account, you authorize us to access the account on your behalf, and you understand that we act as your agent when posting content or responding to messages.

5.2 Third-Party Platform Terms

Your use of connected social media platforms is subject to their respective terms of service, including the Facebook Platform Policy and Terms of Service, the Instagram Platform Policy and Terms of Use, and any other applicable third-party platform policies. We are not responsible for any violations of third-party platform policies that you commit while using the Service.

5.3 Account Disconnection

You may disconnect any social media account at any time through the Settings page. We will immediately cease accessing that account upon disconnection.

6. Acceptable Use Policy (App Only)

6.1 Permitted Uses

You may use the Service to manage your own social media accounts or accounts you have authorization to manage; create, schedule, and publish content; respond to messages and comments; and view analytics and insights.

6.2 Prohibited Uses

You may NOT use the Service to:

• Violate any laws or regulations.
• Infringe on intellectual property rights of others.
• Post spam, unsolicited messages, or bulk automated content.
• Harass, abuse, or harm other users or individuals.
• Spread misinformation, hate speech, or illegal content.
• Impersonate others or misrepresent your identity.
• Attempt to hack, disrupt, or compromise the Service's security.
• Use the Service for any automated or bulk activities beyond normal scheduling.
• Resell or redistribute access to the Service.
• Reverse engineer or copy any features or functionality.

7. Content (App Only)

7.1 Your Content

You retain all rights to content you create, upload, or post through the Service ("Your Content"). By using the Service, you grant us a limited license to store Your Content on our servers, transmit Your Content to connected social media platforms as you direct, and display Your Content back to you in our interface. This license ends when you delete Your Content or disconnect your account.

7.2 Content Responsibility

You are solely responsible for the content you post, ensuring you have rights to use any images, text, or media you post, complying with advertising disclosure requirements (FTC, ASA, etc.), and any consequences arising from your posted content.

7.3 Content Monitoring

We do not pre-screen content but reserve the right to remove content or suspend accounts that violate these Terms or applicable laws.

8. Fees and Payment (App)

8.1 Subscription Plans

The Service may be offered on a free or paid subscription basis. Pricing and features for each plan are displayed on our website.

8.2 Payment Terms

For paid subscriptions, fees are charged in advance on a recurring basis (monthly or annually), payment is due immediately upon subscription, you authorize us to charge your payment method automatically each billing cycle, and all fees are non-refundable except as required by law.

8.3 Cancellation and Refunds

You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. No refunds are provided for partial billing periods. Your data will be available until the end of your paid period.

9. Service Availability (App)

We strive to provide reliable service but do not guarantee 100% uptime. The Service may be unavailable due to scheduled maintenance, emergency maintenance or repairs, third-party service disruptions, or circumstances beyond our reasonable control. We may modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

10. Intellectual Property (App)

The Service, including all software, designs, text, graphics, and other content (excluding Your Content) is owned by Odo Marketing and protected by copyright, trademark, and other laws. We grant you a limited, non-exclusive, non-transferable license to access and use the Service for its intended purpose. "Odo Social Media" and "Odo Marketing" are trademarks of Odo Marketing.

11. Privacy and Data Protection (App)

Your use of the Service is subject to our Privacy Policy, which explains how we collect, use, and protect your data. By using the Service, you consent to our data practices as described in the Privacy Policy.

12. Limitation of Liability (App)

To the maximum extent permitted by law:

• The Service is provided "as is" and "as available" without warranties of any kind.
• We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose.
• We are not liable for any indirect, incidental, special, consequential, or punitive damages.
• Our total liability shall not exceed the amount you paid us in the past 12 months.

13. Indemnification (App)

You agree to indemnify and hold harmless Odo Marketing, its officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service, your violation of these Terms, Your Content, or your violation of any third-party rights.

14. Termination (App)

You may terminate your account at any time via Settings → Account Management → Delete Account, or by emailing us at odo@odomarketing.com. We may suspend or terminate your account immediately if you violate these Terms, fail to pay fees when due, use the Service in a way that harms us or others, or violate third-party platform policies. Upon termination, your access to the Service will cease immediately, we will delete your data as described in our Privacy Policy, and scheduled posts will be cancelled.

15. Dispute Resolution (App)

Before filing a claim, please contact us at odo@odomarketing.com to resolve the dispute informally. These Terms are governed by the applicable laws of your jurisdiction, without regard to conflict of law principles. Any disputes not resolved informally shall be resolved through binding arbitration, except where prohibited by law.

16. General Provisions (App)

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Odo Marketing regarding the Service. We may update these Terms at any time and will notify you of significant changes via email or through the Service. If any provision is found to be unenforceable, the remaining provisions will remain in effect. Our failure to enforce any right or provision does not constitute a waiver. You may not assign these Terms without our prior written consent.

17. Contact Information (App)

• Email: odo@odomarketing.com
• Website: https:// socialapp.odomarketing.com
• Company: Odo Marketing