ODD Media LLC — Terms of Service

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Part A — General Terms

These apply to every interaction with ODD Media LLC.

1. Who we are

ODD Media LLC is the legal entity behind every brand and product referenced in these Terms.

• Legal entity: ODD Media LLC
• State of formation: Wyoming
• Primary contact: welcome@omdgrowth.com

When these Terms say "you," we mean the individual or organization using our website, products, or services. When they say "we," "us," or "our," we mean ODD Media LLC.

2. Eligibility

You must be at least 18 years old and legally able to enter into a binding contract to use our website, products, or services. If you're using a product on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

3. Acceptance and changes

You accept these Terms by accessing our website, submitting a form, opting in to SMS, signing a service agreement, creating an account on Atlas, or using any product. We may update these Terms by posting a revised version with a new "Last updated" date. For material changes, we'll make reasonable efforts to notify active customers (for example, by email or in-product notice). Continued use after changes take effect constitutes acceptance.

4. Acceptable use

You agree not to:

• Use our website, products, or services for any unlawful purpose, or in violation of any applicable law or regulation
• Send or store unlawful, infringing, defamatory, harassing, or obscene content
• Send spam or unsolicited messages of any kind
• Attempt to gain unauthorized access to any system, account, or data
• Interfere with, disrupt, or overload our infrastructure
• Reverse engineer, decompile, or scrape our products except as expressly permitted
• Use our products to build a competing product or to train a third-party AI model
• Misrepresent your identity, affiliation, or the source of any content

We may suspend or terminate access at any time for violations.

5. Intellectual property

All content, software, designs, trademarks, and materials we provide — across the website, Atlas, and any service deliverable — are owned by ODD Media LLC or our licensors and are protected by intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website, products, and service deliverables solely for the purposes contemplated by these Terms (and any applicable order form or service agreement). You don't get any rights beyond what's expressly granted here.

You retain ownership of content and data you submit to us ("Customer Data" — defined further in Part D). You grant us the rights described in the relevant product part to host, process, and use Customer Data to provide the service.

6. Confidentiality

Both parties may receive confidential information from the other in connection with the relationship. Each party agrees to use such information only as needed to perform under these Terms (or any applicable agreement) and to protect it with at least reasonable care. Confidentiality obligations survive termination for three (3) years, except trade secrets, which remain protected for as long as they qualify under applicable law.

7. Privacy

Our handling of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. If you use Atlas, additional terms in Part D apply to data you load into Atlas.

8. Disclaimers

To the maximum extent permitted by law, our website, products, and services are provided "as is" and "as available" without warranties of any kind, express or implied — including warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.

We do not warrant that:

• Any service will be uninterrupted, error-free, or secure
• Any defects will be corrected
• Use of our products will produce specific business outcomes

We make no guarantee of revenue, sales, growth, or any other business result from use of our consulting services, content, or software.

9. Limitation of liability

To the maximum extent permitted by law:

• Neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or lost business opportunities, even if advised of the possibility of such damages
• ODD Media LLC's total cumulative liability under these Terms (and any related agreements) for any twelve-month period will not exceed the greater of (a) the amount you paid us in that twelve-month period, or (b) USD $100

These limitations apply regardless of the theory of liability (contract, tort, statute, or otherwise).

10. Indemnification

You agree to defend, indemnify, and hold harmless ODD Media LLC, its officers, employees, contractors, and affiliates from any claim, damage, liability, cost, or expense (including reasonable attorneys' fees) arising out of: (a) your breach of these Terms; (b) your violation of any law or third-party right; (c) your content or data submitted to our products; or (d) your use of our products in violation of any agreement or law.

11. Term and termination

These Terms remain in effect while you use our website or any product. Either party may terminate the relationship at any time, subject to any service-specific terms (see Parts C and D for consulting and Atlas).

We may suspend or terminate access immediately and without notice for breach of Section 4 (Acceptable Use), non-payment, or activity that creates legal or operational risk.

Sections that by their nature should survive termination — including IP, confidentiality, disclaimers, limitation of liability, indemnification, and dispute resolution — survive.

12. Governing law and dispute resolution

These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-laws principles.

Any dispute arising out of or relating to these Terms will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with the seat of arbitration in Wyoming, USA. Each party waives any right to a jury trial and to participate in a class action.

Either party may seek injunctive relief in court for misuse or infringement of intellectual property or breach of confidentiality.

13. Assignment

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

14. Force majeure

Neither party is liable for delays or failure to perform caused by events beyond its reasonable control, including acts of God, war, civil unrest, government action, labor disputes, internet or telecom failures, third-party service disruptions, or pandemic.

15. Entire agreement

These Terms — together with the Privacy Policy and any signed service agreement, order form, or product-specific addendum — are the entire agreement between you and ODD Media LLC on the matters they cover, and supersede prior agreements on those matters.

If any provision is held unenforceable, the rest of the Terms remain in effect.

16. Contact

ODD Media LLC — welcome@omdgrowth.com

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Part B — Website Terms

These apply when you visit or interact with omdgrowth.com or any other website operated by ODD Media LLC (including Atlas marketing sites).

B1. Use of the website

You may browse, read, and submit forms in good faith. Don't scrape, mirror, or republish website content without permission. Don't try to access non-public areas. Don't use the website to send unsolicited communications.

B2. Forms and submissions

When you submit a form (booking call, demo request, lead form, contact form), you confirm:

• The information you provide is accurate
• You are the owner of the email and phone number, or have authority to use them
• You consent to be contacted via the channels provided, subject to the SMS Program terms in Part E if you opt in to SMS

B3. External links

Our website may link to third-party sites we don't control. We're not responsible for their content, terms, or practices.

B4. Cookies and analytics

We use cookies, analytics tools, and similar technologies to operate the site, understand usage, and improve performance. See the Privacy Policy for details.

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Part C — Consulting & Services Terms (OMD Growth)

These apply when you engage OMD Growth for consulting, AI implementation, productized services, or any custom work delivered by ODD Media LLC.

C1. Service agreements

The specific scope, deliverables, fees, payment schedule, and timeline of any engagement are governed by a separate written Service Agreement (or order form, statement of work, or proposal) signed by both parties. If a Service Agreement and these Terms conflict, the Service Agreement controls for that engagement.

C2. Fees and payment

Unless otherwise stated in a Service Agreement:

• Fees are due as invoiced, net 7 days from invoice date
• Late fees of 1.5% per month (or the maximum allowed by law) accrue on overdue balances
• All fees are non-refundable unless explicitly stated
• You're responsible for all applicable taxes (other than ODD Media LLC's income tax)
• Disputed invoice items must be raised in writing within 30 days; undisputed amounts remain due

C3. Deliverables and IP ownership

Unless your Service Agreement says otherwise:

• Upon full payment, you receive a non-exclusive, perpetual, worldwide license to use the deliverables we produce specifically for you
• ODD Media LLC retains ownership of all pre-existing materials, methodologies, frameworks, templates, and any general know-how used in delivery
• We may reuse general know-how and non-confidential learnings on other engagements
• We may reference our work for you in case studies and marketing, on a non-attributable basis unless you give us written approval to use your name and logo

C4. Performance disclaimers

We bring expertise and effort. We don't guarantee any specific business result — leads, revenue, conversion rates, traffic, or otherwise. Performance depends on factors outside our control (your team, your market, your product, your operational execution, third-party platforms).

C5. Termination of consulting engagements

Either party may terminate a consulting engagement on written notice as specified in the Service Agreement (or with 30 days' notice if the agreement is silent). Fees earned before termination are non-refundable. Work in progress is delivered "as is" upon termination unless otherwise agreed.

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Part D — Atlas ReportingOS Terms (SaaS)

These apply when you create an account, subscribe to, or use Atlas ReportingOS ("Atlas").

D1. Definitions

• "Atlas" means the ODD Media LLC reporting and analytics SaaS platform, including its web application, APIs, connectors, dashboards, and AI-generated reports.
• "Customer" means the organization (or individual acting on behalf of an organization) that subscribes to Atlas.
• "Authorized User" means an individual you authorize to access Atlas under your account.
• "Customer Data" means data Customer or its Authorized Users (or third-party platforms connected via Atlas connectors) upload, sync, or otherwise transmit to Atlas, including data from connected services like Close CRM, Stripe, GA4, Meta, Typeform, JotForm, Airtable, and Google Sheets.

D2. Account and access

You're responsible for: (a) maintaining the confidentiality of your account credentials; (b) all activity under your account; (c) ensuring Authorized Users comply with these Terms; and (d) promptly notifying us of any unauthorized access.

We may revoke access for any account engaged in activity that violates these Terms or threatens the integrity of the platform.

D3. Subscription, fees, and trials

Atlas is offered on a subscription basis. Specific plan, price, billing cadence, and term are stated at signup or in an applicable order form.

• Auto-renewal: Subscriptions auto-renew at the end of each term unless cancelled before renewal.
• Cancellation: You can cancel by contacting us or via the in-app cancellation flow (when available). Cancellation takes effect at the end of the current paid period.
• Refunds: Fees are non-refundable except as required by law or stated in a written order form.
• Trials: Free trials, when offered, are subject to the limits and duration we publish. We may end or modify trials at any time.

D4. Customer Data — ownership and license

• Ownership. Customer retains all right, title, and interest in Customer Data. Atlas does not claim ownership of Customer Data.
• License to ODD Media LLC. You grant ODD Media LLC a limited, worldwide, non-exclusive, royalty-free license to host, copy, transmit, store, process, display, and create derivative works of Customer Data solely as needed to provide and improve Atlas to you.
• Aggregated/anonymized use. We may use de-identified, aggregated data derived from Customer Data (data that does not identify Customer or any individual) for product improvement, benchmarks, and analytics.

D5. Data processing — controller / processor

For Customer Data that includes personal data:

• Customer is the data controller of personal data sent to Atlas (about Customer's leads, contacts, end users, employees, etc.).
• ODD Media LLC is a data processor acting on Customer's documented instructions, which include these Terms and the configuration choices Customer makes within Atlas (e.g., which connectors to enable, which reports to generate).
• We process personal data only to provide Atlas and meet our obligations under these Terms — not for our own marketing or to sell to third parties.
• We will reasonably cooperate with Customer to respond to data subject requests received by Customer.
• Customer is responsible for: (a) having a lawful basis to send personal data to Atlas; (b) providing required notices and obtaining required consents from data subjects; and (c) the accuracy and quality of Customer Data.

For enterprise customers and customers with regulatory obligations (GDPR, UK GDPR, CCPA, HIPAA — note: Atlas is not currently HIPAA-compliant), a separate Data Processing Addendum (DPA) is available on request and, when signed, governs personal data processing.

D6. Sub-processors

We use sub-processors to deliver Atlas. Current categories include:

• Cloud infrastructure / hosting (compute, database, queue, cache)
• AI providers for AI-generated reports (e.g., Anthropic, OpenAI)
• Payment processing (Stripe — for Atlas billing only; we do not store full payment card numbers)
• Email and messaging providers for transactional and notification emails
• Error monitoring and analytics

A current list of sub-processors is available on request at welcome@omdgrowth.com. We will provide reasonable notice of new sub-processors so customers under a DPA can object.

D7. Connectors and third-party services

Atlas relies on third-party services that you connect (Close, Stripe, GA4, Meta, Typeform, JotForm, Airtable, Google Sheets, and others added over time).

• You are responsible for your accounts and authorizations on those services.
• Use of connectors is governed by the third party's terms of service and privacy policy in addition to ours.
• We are not liable for downtime, data loss, schema changes, or policy changes on connected third-party platforms.
• You authorize us, through OAuth or API key configuration, to access the data scopes the connector requests on your behalf, solely to provide Atlas.

D8. Security

We implement administrative, technical, and physical safeguards designed to protect Customer Data, including:

• Encryption in transit (TLS) and at rest (where supported by infrastructure)
• Multi-tenant isolation of Customer Data scoped by organization (org_id)
• Authenticated access via industry-standard tokens (Sanctum / OAuth) with role-based access controls
• Logical separation of staging and unified data layers
• Regular software updates and dependency monitoring

No system is perfectly secure. We will notify Customer of confirmed security incidents affecting their Customer Data without undue delay, consistent with applicable law.

D9. Service availability

We aim for high availability but do not guarantee uninterrupted service in the absence of a written SLA. Scheduled maintenance, third-party outages (including connected services), and force majeure events may cause downtime. For enterprise customers, an SLA may be agreed in a written order form.

D10. AI-generated reports — disclaimer

Atlas uses third-party AI providers to generate analytical reports and insights from Customer Data. AI output:

• May contain errors, hallucinations, or misinterpretations of Customer Data
• Is not financial, legal, tax, or professional advice
• Should be reviewed and validated by Customer before being acted upon

Customer is responsible for any decisions made on the basis of AI-generated reports.

D11. Suspension and termination

We may suspend or terminate Atlas access for: non-payment after notice; breach of Section 4 (Acceptable Use); activity that materially threatens platform integrity, security, or other customers; or as required by law.

On termination:

• Customer's access ends at the end of the paid period (unless terminated for breach, in which case access may end immediately)
• Customer Data is retained for 30 days after termination, during which Customer may request export of Customer Data in a commercially reasonable format
• After 30 days, Customer Data is deleted from active systems; backup copies are deleted on standard backup rotation cycles (typically within 90 days)

D12. Beta features

We may make beta, alpha, or experimental features available. They're provided "as is," may change or be removed at any time, and are excluded from any SLA or warranty.

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Part E — SMS Program Terms

These apply when you opt in to receive SMS messages from us.

E1. Program name

OMD Growth — Booking & Client Communications (the "SMS Program"), operated by ODD Media LLC.

E2. What messages we send

Messages related to:

• Confirmation of scheduled calls, demos, and meetings
• Reminders for upcoming calls and meetings
• Rescheduling notifications
• Follow-up communications relating to your inquiry, booking, or active engagement

We do not send unrelated marketing or promotional messages on this number.

E3. How you opt in

You opt in to the SMS Program by submitting a form (for example, the booking form on omdgrowth.com) or other written or verbal channel where the SMS consent language is presented. Consent to receive SMS is never required to purchase any goods or services.

E4. Message frequency and cost

• Frequency varies based on your interactions with us. You may receive messages around the time of scheduled calls and during active engagements.
• Message and data rates may apply. Charges are determined by your wireless carrier; ODD Media LLC is not responsible for carrier fees.

E5. Opt-out

You may opt out at any time by replying STOP to any SMS message. After replying STOP, you will receive a single confirmation message and will not receive further messages from the SMS Program. You can opt back in by submitting a form again with consent.

E6. Help

Reply HELP to any message for assistance, or contact welcome@omdgrowth.com.

E7. Carriers

Carriers (including AT&T, T-Mobile, Verizon, and others) are not liable for delayed or undelivered messages.

E8. Eligibility

You must be at least 18 and a U.S. mobile subscriber to participate. You represent that you are the account holder for the mobile number provided, or have authority from the account holder to consent.

E9. Privacy

Personal information collected in connection with the SMS Program is handled per the Privacy Policy. Mobile information is not shared with third parties or affiliates for marketing or promotional purposes.

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Part F — Acceptable Use Policy (AUP)

This expands on Section 4 and applies to use of our website, Atlas, and any other product or service.

You will not:

• Upload, send, or process content that is illegal, infringing, defamatory, harassing, or violates anyone's rights
• Use Atlas or any service to send unsolicited communications, run a botnet, or facilitate phishing or fraud
• Attempt to circumvent rate limits, authentication, or other technical protections
• Probe, scan, or test the vulnerability of our systems without prior written consent
• Use Atlas to process data you don't have lawful authority to process (including special categories under GDPR — health, biometric, etc. — unless we've expressly agreed in writing)
• Use AI-generated outputs from Atlas to make automated decisions producing legal or similarly significant effects on individuals without human review
• Use Atlas to train a competing AI model or to systematically extract and reproduce Atlas's outputs as your own product

We may investigate and take any action we deem appropriate for AUP violations, including suspension, termination, and reporting to authorities.

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Part G — Changes, Severability, and Definitions

G1. Changes to these Terms

See Section 3.

G2. Order of precedence

If documents conflict, the order is: (1) signed order form / Service Agreement, (2) signed DPA, (3) these Terms, (4) Privacy Policy, (5) other notices and policies.

G3. Severability

If any provision is held invalid or unenforceable, the rest remain in effect, and the invalid provision will be modified to the minimum extent necessary to be enforceable.

G4. No waiver

Failure to enforce any provision is not a waiver.

G5. Headings

Headings are for convenience only and do not affect interpretation.

G6. Notices

Notices to ODD Media LLC: welcome@omdgrowth.com. Notices to you: by email to the address on your account, or posted in the relevant product. Notices are effective on receipt.

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Contact
ODD Media LLC — welcome@omdgrowth.com