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.

These Terms of Service are divided into three parts:

• Part A: Website visitors and marketing agency clients
• Part B: Additional terms for Glint, our social media app for subscribers
• Part C: Additional terms for the Odo Marketing Dashboard and the Odo Marketing app for Shopify

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: Glint, the Odo Marketing Social Media App

This part applies when you create an account in Glint at https://socialapp.odomarketing.com("the App"), whether as a subscriber, an invited team member or a tester. If you only browse our website or use our agency services, Part B does not apply to you.

1. Agreement to Terms (App)

By accessing or using the App you agree to these additional Terms. If you do not agree, do not use the App. If you use the App on behalf of a business, you confirm you have authority to bind that business.

2. Description of the App

Glint lets you:

• Connect and manage social media accounts: Facebook Pages, Instagram professional accounts, LinkedIn profiles and Company Pages, X, TikTok, YouTube and Google Business Profile.
• Write, schedule and publish posts across those accounts, individually or from a generated content calendar.
• Generate captions, images, videos and voiceovers with AI in the Glint studios.
• Manage messages and comments from Facebook and Instagram in one inbox, and read and reply to Google reviews.
• View follower, reach and engagement analytics for connected accounts.
• Import media from Dropbox and export designs from Canva into your library.
• Link a Shopify store so your product catalogue and best sellers can be used as a starting point for content.

Features vary by plan, and some are available only on paid plans or to organisations that have been granted them. The current plans are shown on our pricing page.

3. Platform Permissions and Data Access (App)

To provide the App we request specific permissions when you connect a third-party account. Every permission, what it is used for and what we store is listed in Part D of our Privacy Policy. By connecting an account you grant us those permissions for that account.

Important: We use these permissions only to provide the features you use. We do not post content, send messages, reply to reviews or perform any other action on a connected account without an instruction you gave through the App.

4. Account Registration and Security (App)

4.1 Account Creation

To use the App you must:

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

4.2 Account Security

You are responsible for keeping your credentials and passkeys confidential, for all activity under your account, and for telling us immediately about any unauthorised use.

4.3 Organisations and Teams

Accounts belong to organisations. The organisation owner controls its members, connected accounts, content and subscription, and can remove members at any time. If you are invited into a client's organisation, that client is responsible for the data in it.

5. Connected Accounts (App)

5.1 Authorisation

When you connect an account you represent that you have the authority to grant us access to it, you authorise us to act on it as you direct, and you understand that we act as your agent when publishing content, sending messages or replying to reviews.

5.2 Third-Party Platform Terms

Your use of each connected platform remains subject to that platform's terms and policies, including the Meta Platform Terms, the LinkedIn API Terms, the X Developer Agreement, the TikTok Terms of Service, the YouTube Terms of Service, the Google Business Profile policies, the Dropbox Terms and the Canva Developer Terms. We are not responsible for violations of those terms that you commit through the App, and a platform may limit or revoke access for reasons outside our control.

5.3 Disconnection

You may disconnect any account at any time from Settings. We stop accessing that account immediately and delete its access token. Posts already scheduled to that account are cancelled.

6. Acceptable Use Policy (App)

6.1 Permitted Uses

You may use the App to manage your own accounts or accounts you are authorised to manage; to create, schedule and publish content; to respond to messages, comments and reviews; and to view analytics.

6.2 Prohibited Uses

You may not use the App to:

• Violate any law or regulation, or any connected platform's policies.
• Infringe the intellectual property, privacy or publicity rights of others.
• Post spam, unsolicited messages or bulk automated content, or buy or sell social interactions.
• Harass, abuse or harm anyone, or publish hate speech, misinformation or illegal content.
• Impersonate others or misrepresent your identity or affiliation.
• Generate content depicting real people without their permission, or sexual, violent or otherwise prohibited content.
• Promote the restricted categories listed in Section 11A of Part A.
• Attempt to hack, disrupt, overload or compromise the App.
• Resell or redistribute access to the App, or reverse engineer it.

7. Content (App)

7.1 Your Content

You retain all rights to the content you create, upload, import or post through the App ("Your Content"). You grant us a limited licence to store Your Content, transmit it to the platforms you direct, send the relevant parts of it to the AI providers named in our Privacy Policy when you use a studio, and display it back to you. This licence ends when you delete Your Content or your account, except for copies in backups for up to 30 days.

7.2 AI-Generated Content

Content generated by the studios from your prompts, product details or images is yours to use, subject to the terms of the AI providers involved. AI output can be inaccurate or unsuitable; you are responsible for reviewing everything before it is published. Where the law or a platform requires AI-generated or synthetic media to be disclosed, you are responsible for that disclosure. You must have the rights to any image you upload as a reference, including consent from anyone who appears in it.

7.3 Content Responsibility

You are solely responsible for what you publish, for having the rights to any text, images or media you use, for advertising and endorsement disclosures required in your jurisdiction, and for any consequences of your published content.

7.4 Content Monitoring

We do not pre-screen content but may remove content or suspend accounts that violate these Terms, a platform's policies or the law.

8. Fees and Payment (App)

8.1 Subscription Plans

The App is offered on paid subscription plans, some with a free trial or introductory pricing, and on plans we grant without charge to testers and selected organisations. Pricing and features are shown on our website and may change with notice.

8.2 Payment Terms

Paid subscriptions are billed in advance on a recurring monthly or annual basis through Stripe. You authorise us to charge your payment method each billing cycle. Prices exclude taxes unless stated; applicable taxes are added at checkout. Plan upgrades take effect immediately and are prorated; downgrades take effect at the next renewal.

8.3 Trials

If your plan includes a free trial, you will be charged when the trial ends unless you cancel before then. Usage limits during a trial may be lower than on the paid plan.

8.4 Cancellation and Refunds

You may cancel at any time from Settings. Cancellation takes effect at the end of the current billing period and your data stays available until then. Fees are non-refundable except where required by law. See our cancellation policy.

8.5 Usage Limits

Plans include limits such as the number of connected accounts, team members and AI generations per month. We may throttle or pause features that exceed your plan's limits until the next cycle or an upgrade.

9. Service Availability (App)

We aim for reliable service but do not guarantee uninterrupted availability. The App may be unavailable because of maintenance, third-party platform or AI provider outages, or events beyond our control. Scheduled posts may fail if a platform rejects them or a connection has expired; we notify you in the App when that happens. We may modify or discontinue features with reasonable notice.

10. Intellectual Property (App)

The App, including its software, design, text and graphics (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 licence to use the App for its intended purpose. "Glint" and "Odo Marketing" are trademarks of Odo Marketing.

11. Privacy and Data Protection (App)

Your use of the App is subject to our Privacy Policy, which describes what we collect, every platform permission we request and why, how long we keep data and how to delete it.

12. Limitation of Liability (App)

To the maximum extent permitted by law:

• The App is provided "as is" and "as available" without warranties of any kind.
• We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and accuracy of AI output.
• We are not liable for indirect, incidental, special, consequential or punitive damages, or for loss of revenue, followers, reach or data caused by a third-party platform.
• Our total liability is limited to the amount you paid us in the 12 months before the claim.

Nothing in these Terms excludes rights you have under the Australian Consumer Law or other consumer protection laws that cannot be excluded.

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 App, Your Content, your violation of these Terms or of a third party's rights or a platform's policies.

14. Termination (App)

You may delete your account at any time from Settings, or by emailing odo@odomarketing.com. We may suspend or terminate your account if you breach these Terms, fail to pay fees when due, use the App in a way that harms us or others, or breach a platform's policies. On termination your access ends, scheduled posts are cancelled, and we delete your data as described in the Privacy Policy.

15. Dispute Resolution (App)

Before bringing a claim, contact us at odo@odomarketing.com so we can try to resolve it informally. These Terms are governed by the laws of Australia. Disputes not resolved informally will be heard by the courts of Australia, unless the law of your place of residence gives you the right to bring proceedings elsewhere.

16. General Provisions (App)

These Terms, together with the Privacy Policy, are the entire agreement between you and Odo Marketing regarding the App. We may update them and will notify you of significant changes by email or in the App; continued use after the change means you accept it. If any provision is unenforceable the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent.

Part C: The Odo Marketing Dashboard and the Odo Marketing App for Shopify

1. The Dashboard

1.1 Who It Is For

The Odo Marketing Dashboard at https://dashboard.odomarketing.com is provided to clients of our agency services as part of their engagement. Access is granted by Odo Marketing and governed by these Terms together with your service agreement or proposal. Where the two conflict, the service agreement prevails.

1.2 Connected Platforms

To report on your marketing you may connect, or authorise us to connect, your advertising, analytics and store accounts (Meta Ads, Google Ads, Google Analytics 4, Google Search Console, TikTok for Business, Snapchat Ads and Shopify). The permissions involved are listed in Part D of the Privacy Policy. You confirm that you have the authority to grant that access. Connections are read-only: the Dashboard does not change campaigns, budgets, bids or store data.

1.3 Reports

Figures in the Dashboard are drawn from the connected platforms and from data you provide, such as product costs or a sales spreadsheet. Platforms revise their numbers, attribute conversions differently and occasionally return incomplete data, so reports may differ from the platform's own interface and are provided for information rather than as a guarantee of results.

1.4 Users and Access

You are responsible for the people you give Dashboard access to. Odo Marketing staff assigned to your account can see your reports and connected data in order to deliver the services. Access ends when the engagement ends, and data is retained as described in the Privacy Policy.

2. The Odo Marketing App for Shopify

2.1 What It Does

The Odo Marketing app for Shopify links your store to your Odo Marketing organisation so that your products and orders can be used in the Dashboard and in Glint. It requests read-only access to products and orders and never creates or changes anything in your store.

2.2 Installation and Use

By installing the app you agree to these Terms and to Shopify's terms. You may uninstall it at any time from your Shopify admin; the connection ends immediately and the store's data is removed as described in the Privacy Policy. The app is provided free of charge; use of the data it syncs is governed by the plan of the Odo Marketing product it is linked to.

2.3 Merchant Responsibilities

You are responsible for complying with your own obligations to your customers regarding their personal data, including any notices required by the law that applies to your store. We process order data only on your instructions to provide the app's features, and we respond to Shopify's customer data request and redaction webhooks on your behalf.

3. Terms That Apply to Both

Sections 9 (Service Availability), 10 (Intellectual Property), 11 (Privacy), 12 (Limitation of Liability), 13 (Indemnification), 15 (Dispute Resolution) and 16 (General Provisions) of Part B apply equally to the Dashboard and the Shopify app, with references to the App read as references to those products.

4. Contact Information

• Company: Odo Marketing
• Email: odo@odomarketing.com
• Website: https://www.odomarketing.com
• Glint: https://socialapp.odomarketing.com
• Dashboard: https://dashboard.odomarketing.com