Terms of Service

Effective April 1, 2025

Acceptance of Terms

These Terms of Service (“Agreement”) between Odyyc Inc. (“we,” “us,” or “Odyyc”) and you govern your access to and use of our services, including subscriptions and one-time services (“Services”). By accessing our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

Use of the Services

The date you commence your engagement with your assigned Odyyc Consultant (“kick-off call”) is the official start date of your subscription or one-time service. Subject to your compliance with this Agreement and our timely receipt of your associated payment(s), we will make the applicable Services available to you during the term you have purchased.

You may use the Services for the projects and scope outlined in your selected plan, which can be reviewed at https://www.odyyc.com. While we accept multiple requests and revisions, our output volume depends on various factors, including your purchased plan and the complexity of your projects. We will provide you with a comprehensive timeline at the beginning of each project to clarify deadlines and required steps.

The speed of deliverables is determined by your purchased plan. To increase the volume of work we can complete within a month, consider upgrading your plan.

You retain ownership of all information, data, or materials you provide to us (“Customer Content”). By submitting Customer Content, you represent that you own such content or have the necessary rights to distribute it. You grant us a worldwide, royalty-free, non-exclusive license to access and use Customer Content to provide the Services.

You are the sole and exclusive owner of all rights, title, and interest in and to the deliverables, including all intellectual property rights therein. We agree that any deliverables qualifying as “work made for hire” are deemed as such for you. To the extent any deliverables do not constitute a “work made for hire,” we irrevocably assign to you all rights, title, and interest in and to the deliverables, including all intellectual property rights therein, subject to your compliance with this Agreement and full payment of applicable amounts due.

In providing the Services, we may use certain pre-existing materials. We and our licensors remain the sole and exclusive owners of all rights, title, and interest in and to any pre-existing materials. We grant you a perpetual, limited, royalty-free, non-transferable, non-sublicensable, worldwide license to use, display, and distribute any pre-existing materials incorporated in or necessary for the use of the Services or deliverables. We expressly reserve all other rights in and to such pre-existing materials.

Canceling Your Subscription or One-Time Service

The date you commence your engagement with your assigned Odyyc Consultant (“kick-off call”) is the official start date of your subscription or one-time service. If you decide to cancel your subscription, you may do so at any time; however, the plan will only terminate at the end of your current payment period. To request cancellation, submit your request through your Odyyc portal and have a brief conversation with your Customer Success Manager. Upon cancellation, you will retain the rights to use any delivered work up to that point.

Modifying Your Subscription Plan

You have the option to downgrade, upgrade, or customize your plan at any time through your dashboard to our available plans. Any changes to your account will be reflected in the upcoming billing cycle.

The Provided Service

Requests and Revisions: You can submit multiple project requests. The execution of deliverables will follow a timeline established by your assigned Odyyc Consultant. The final delivery time for each project will be set by your assigned consultant.
Consultations: Communication with your consultant is primarily through email. The number of video or phone calls per month is determined by your specific plan.
Scope of Service: Our services encompass various customer experience strategies and performance marketing categories. Some categories may be limited to specific plans, which can be reviewed at https://www.odyyc.com.
Stock Images: All plans include access to free stock assets. Paid stock assets are to be paid by the client and added to their next billing cycle.

Portfolio Rights

You grant us a limited, nonexclusive, non-sublicensable, royalty-free worldwide license to use, publish, and display any deliverables developed in connection with the Services for marketing and advertising purposes (“Portfolio Rights License”). You may revoke this license during the onboarding process or at any time by sending written notice to support@odyyc.com. Upon revocation, we will cease using your deliverables for marketing and advertising purposes. However, your deliverables may continue to exist elsewhere online where they have been used by others in accordance with the Portfolio Rights License.

Business Hours

Odyyc operates during standard business hours, excluding weekends and the following holidays:

New Year’s Day
President’s Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Holiday Break
Christmas Holiday Break

Specific dates for these holidays will be communicated annually.

Fees and Payment

Use of our Services requires registration and agreement to these terms and conditions. All plans can be customized through available add-ons at https://www.odyyc.com.

There is no long-term commitment to your subscription plan. You can pay for the service through ACH wire transfer, or credit/debit card online. You’ll be responsible for payment on the recurrence you signed up for until you cancel your plan. Discounts may be available for quarterly or annual payments. You can adjust the payment method by contacting accounting@odyyc.com.

If you pay through ACH, ensure we receive the fee on time before the end of your current billing period. If you pay by credit/debit card, you authorize us to charge your payment method on the final date of your billing period by 11:59 PM. Additional fees may apply for payments by credit/debit card.

The following payments of your subscription plan are due one day before your plan renews by 11:59 PM unless you cancel your plan through your dashboard at least 7 days in advance before renewal. If you fail to pay on time, your plan will be suspended, and you’ll lose access to your consultant and the right to use the delivered work. If we don’t receive the recurring payment on time, you will be subject to a $50 penalty each day past your payment due date, and your plan will be suspended after 10 days. Reactivating suspended accounts is subject to a $200 reactivation fee.

All plan payments are due upon receipt of the invoice and are subject to pricing increases if payments are received after this period. If clients wish to make their payment on other terms, they should reference the pricing increases outlined in their specific plan.

Upon termination of an account, clients have the ability to extend their plan on a daily basis. Daily extensions can be made if clients no longer need a full month of service or need extra days to complete their projects. Extension rates are determined by your specific plan.

Clients have the option to submit a request for the buyout of a consultant at Odyyc, enabling them to work directly with the individual outside the confines of Odyyc. This request is subject to approval by the Odyyc team, which will evaluate each case individually. Any violation of this policy may result in legal consequences for both parties involved.

Confidentiality

Both parties agree to maintain the confidentiality of proprietary information shared during the course of the engagement. “Confidential Information” includes business plans, strategies, research, designs, customer data, and other non-public information. Each party shall take reasonable precautions to prevent unauthorized disclosure of such information. These confidentiality obligations will remain in effect for five (5) years following the termination of this Agreement.

Termination

This Agreement remains in effect until the expiration or termination of your subscription or one-time service. We may terminate this Agreement if you fail to comply with its terms. Upon termination, all rights related to the Services will cease, including access to deliverables and Customer Content.

Limitation of Liability

To the extent permitted by law, Odyyc shall not be liable for indirect, incidental, or consequential damages arising from the use of our Services. Our total liability for any claims under these terms shall not exceed the amount you have paid for Services in the previous three (3) months.

Privacy

Your use of www.odyyc.com is subject to Odyyc’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.odyyc.com or sending emails to Odyyc constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Odyyc is not responsible for third party access to your account that results from theft or misappropriation of your account. Odyyc and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

Odyyc does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.odyyc.com only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

This site at www.odyyc.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Odyyc and Odyyc is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Odyyc is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Odyyc of the site or any association with its operators.

Certain services made available via www.odyyc.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.odyyc.com domain, you hereby acknowledge and consent that Odyyc may share such information and data with any third party with whom Odyyc has a contractual relationship to provide the requested product, service or functionality on behalf of www.odyyc.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.odyyc.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Odyyc that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Odyyc or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Odyyc content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Odyyc and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Odyyc or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Odyyc has no obligation to monitor the Communication Services. However, Odyyc reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Odyyc reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Odyyc reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Odyyc’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Odyyc does not control or endorse the content, messages or information found in any Communication Service and, therefore, Odyyc specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Odyyc spokespersons, and their views do not necessarily reflect those of Odyyc.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to www.odyyc.com or Posted on Any Odyyc Web Page

Odyyc does not claim ownership of the materials you provide to www.odyyc.com (including feedback and suggestions) or post, upload, input or submit to any Odyyc Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Odyyc, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Odyyc is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Odyyc’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You will be able to connect your Odyyc account to third party accounts. By connecting your Odyyc account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by Odyyc from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Odyyc Content accessed through www.odyyc.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Odyyc, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, including intellectual property disputes related to customer content, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Odyyc reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Odyyc in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Odyyc agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ODYYC INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

ODYYC INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ODYYC INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ODYYC INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ODYYC INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Odyyc reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Odyyc as a result of this agreement or use of the Site. Odyyc’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Odyyc’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Odyyc with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Odyyc with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Odyyc with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Odyyc reserves the right, in its sole discretion, to change the Terms under which www.odyyc.com is offered. The most current version of the Terms will supersede all previous versions. Odyyc encourages you to periodically review the Terms to stay informed of our updates.

Governing Law and Dispute Resolution

This Agreement is governed by the laws of the state in which Odyyc is incorporated. Any disputes shall be resolved through mediation. If mediation is unsuccessful, disputes shall be resolved in a court of competent jurisdiction in the governing state.

Final Provisions

If any provision of this Agreement is deemed invalid, the remaining provisions shall remain in full force.
No waiver of any right under this Agreement shall be deemed a continuing waiver.
Neither party shall be liable for failure to perform due to events beyond reasonable control (e.g., force majeure events such as natural disasters, strikes, or government restrictions).
This Agreement constitutes the entire understanding between you and Odyyc regarding the Services.

Please send your questions or comments regarding the Terms to support@odyyc.com.