B2B Terms of Service

This summary is provided for convenience only. The full Terms below control.

• Customer owns Customer Content. Provider does not claim ownership of materials Customer uploads or submits.
• Customer owns customer-specific Outputs as between the Parties, subject to payment, compliance, Provider Technology exclusions, third-party rights, and AI output limitations.
• Provider owns the Service, software, workflows, tools, prompts, orchestration logic, model routing, templates, know-how, and platform improvements.
• Provider will not use Customer Content to train general-purpose AI models unless Customer expressly agrees in writing.
• No-data-reuse commitments are for non-pilot Services only. Pilot, beta, early-access, evaluation, and pre-release Services do not include a no-data-reuse commitment.
• Fees, Nodes, usage limits, and renewal terms are set out in the Order Form, checkout flow, or pricing page. Nodes control concurrent active projects, not a bank of prepaid generation units.
• Customer may cancel recurring billing through the cancellation method made available by Provider. Cancellation stops future renewals but does not refund Fees already incurred unless the Agreement or applicable law requires otherwise.
• Customer must review Outputs before commercial, external, public, production, app-store, paid-media, or customer-facing use.
• Provider may suspend or terminate access for non-payment, abuse, security risk, legal risk, third-party platform requirements, or violations of the Acceptable Use Policy.

The "Agreement" means these Terms, any Order Form, and all schedules included in these Terms.

An "Order Form" means an online checkout, signed order form, statement of work, invoice, purchase page, or other ordering document accepted by Provider that describes the applicable Service, Fees, term, usage limits, or commercial details.

If there is a conflict, the following order controls: (1) the Order Form; (2) Schedule 1 - Data Processing Addendum, solely for personal data processing matters; (3) the main body of these Terms; (4) Schedule 2 - Acceptable Use Policy; (5) Schedule 4 - Subprocessor List; and (6) documentation and support materials.

Customer purchase order terms, vendor portal terms, procurement terms, or other customer standard terms do not apply unless Provider expressly signs them.

Customer accepts the Agreement by signing an Order Form, clicking to accept these Terms, creating an account, installing or using the Service, submitting payment information, or otherwise accessing the Service after being presented with these Terms.

Provider may update these Terms from time to time. Material updates will be posted at the applicable legal URL or otherwise notified to Customer. Updated Terms apply to new orders immediately and to existing subscriptions at the next renewal or thirty days after notice, whichever is later, unless applicable law requires a different process. If Customer does not agree to a material update, Customer may stop using the Service and cancel renewal as described in the Order Form or billing portal.

Authorized User means an individual permitted by Customer to access or use the Service under the Agreement.

Customer Content means prompts, messages, files, briefs, instructions, brand assets, IP materials, campaign data, Slack messages, OddGameMaker project data, uploads, web form inputs, and other data or materials submitted to or processed through the Service by or for Customer.

Outputs means content, files, assets, code, text, images, videos, prototypes, playable ads, games, technical assets, analyses, or other deliverables generated through the Service for Customer.

Provider Technology means the Service, Odd Latent tools, OddFactory, Oddbotus, software, workflows, agentic flows, skills, prompts, system instructions, orchestration logic, models, model-routing logic, code, templates, tools, user interfaces, documentation, know-how, analytics, product designs, and related technology of Provider.

Service means the hosted SaaS service, pilot, bot, web interface including www.oddgamemaker.com, workflow, support channel, and related functionality described in an Order Form.

Third-Party Services means services, platforms, APIs, models, infrastructure, tools, and software not owned or controlled by Provider, including Slack, web hosting and delivery services, cloud services, model providers, payment processors, analytics tools, and support tools.

Node means a purchased or allocated concurrent project capacity unit stated in an Order Form, checkout flow, pricing page, or product interface. Nodes determine how many active projects, workstreams, or workflow runs Customer may have in progress at the same time. Nodes are not prepaid generation units and do not guarantee any particular throughput, speed, model availability, or output volume.

Subject to payment and compliance with the Agreement, Provider grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the applicable term for Customer's internal business purposes or other permitted use stated in the Order Form.

Customer is responsible for Authorized Users, credentials, workspace configuration, web app account and project configuration, invitations, channel access, account permissions, session security, and all activity under Customer's accounts or access channels.

Customer must not make the Service available to any person other than Authorized Users unless the Order Form expressly permits it.

Customer and Authorized Users must provide accurate account, billing, workspace, web app, project, and contact information and keep it current. Customer must promptly notify Provider of suspected account compromise, unauthorized access, or misuse.

The Service is intended for business users who are at least 18 years old or the age required to enter into a binding contract in their jurisdiction. Customer must not permit children to use the Service unless Provider expressly agrees in writing and the use is lawful.

Each account, workspace, project, invitation, browser session, or access channel must be used only by the person or organization to whom it is issued. Customer must not create duplicate accounts, workspaces, projects, sessions, or access channels to avoid usage limits, fees, safety systems, or suspension.

Unless an Order Form expressly states otherwise, the Service is provided as a pilot, early-access, beta, experimental, or pre-release SaaS environment.

Provider may modify, suspend, remove, replace, throttle, queue, or discontinue features, models, flows, output types, interfaces, integrations, or support processes for product, security, quality, legal, third-party, capacity, cost, roadmap, or operational reasons.

Provider does not guarantee uptime, uninterrupted access, response times, model availability, feature continuity, output format continuity, throughput, latency, compatibility, or backwards compatibility unless expressly stated in an Order Form.

Customer is responsible for:

• ensuring it has all rights, permissions, notices, consents, and legal bases needed for Customer Content;
• ensuring Customer Content does not violate law, third-party rights, confidentiality duties, platform rules, or the Agreement;
• reviewing Outputs before external, commercial, paid-media, app-store, public, customer-facing, or production use;
• maintaining workspace, web app account, project, invitation, permission, session, and credential security;
• complying with Schedule 2 - Acceptable Use Policy;
• providing information, approvals, and cooperation reasonably needed for Provider to deliver the Service.

Customer must not submit credentials, private keys, production secrets, payment card data, children's data, health data, biometric data, special-category personal data, criminal-offense data, or other regulated data unless Provider expressly agrees in writing.

Customer will pay the Fees stated in the Order Form. Fees are exclusive of VAT, sales taxes, withholding taxes, and similar charges unless expressly stated otherwise.

Plans may include one or more Nodes. Nodes are used to control concurrency, queueing, and active project capacity. Provider may define and update Node rules based on factors such as active projects, workstreams, workflow runs, queues, retries, tool use, model availability, operational cost, and service stability.

Unless an Order Form expressly states otherwise, Nodes are allocated for the applicable subscription term or billing period, do not accrue, do not roll over, are not redeemable for cash, and are non-refundable. Unused Node capacity in one period does not create additional Node capacity or usage rights in a later period.

Customer must not structure usage to circumvent Nodes, concurrency limits, queues, rate limits, throttles, fair-use rules, or plan restrictions. If Customer materially exceeds its permitted Node capacity or otherwise circumvents plan limits through automation, duplicate accounts, unauthorized sharing, parallel workspaces, channel splitting, artificial project splitting, or other workarounds, Provider may queue, throttle, pause, or suspend access, require additional Nodes or a plan upgrade, or invoice excess usage at Provider's then-current rates.

If Customer provides a payment method for recurring billing, Customer authorizes Provider and its payment processor to charge the applicable recurring Fees, taxes, and permitted charges until the subscription is cancelled or terminated.

Before collecting billing information for a recurring subscription, Provider will disclose the material subscription terms, including price, billing frequency, renewal behavior, cancellation method, and any trial or promotional terms, as required by applicable law.

Customer may cancel recurring billing through the cancellation method stated in the Order Form, checkout flow, account settings, billing portal, or other notice path made available by Provider. Cancellation takes effect as stated in the applicable Order Form or checkout flow. Unless the Order Form states otherwise, cancellation stops future renewals but does not refund Fees already incurred.

Invoices are due within the period stated in the Order Form. Customer must pay undisputed amounts when due. Customer may dispute an invoice in good faith by notifying Provider before the due date, explaining the basis for dispute, and paying all undisputed amounts.

Provider may suspend access if undisputed Fees are overdue and Customer does not cure non-payment within seven days after notice.

Customer retains all rights in Customer Content.

Customer grants Provider a worldwide, non-exclusive, limited-term license to host, copy, process, transmit, display, adapt, analyze, transform, and otherwise use Customer Content as necessary to:

• provide, operate, and support the Service;
• generate, deliver, store, and improve Outputs for Customer;
• troubleshoot, debug, secure, and monitor the Service;
• enforce the Agreement and protect against misuse;
• comply with law and third-party service requirements;
• use aggregated, de-identified, or non-customer-identifying operational telemetry as permitted by the Agreement.

This license ends when no longer needed for the permitted purposes, subject to retained copies permitted under the Agreement.

As between the Parties and to the extent Provider has rights to grant, Customer owns Outputs generated specifically for Customer through the Service, subject to payment of applicable Fees and compliance with the Agreement.

Customer's rights in Outputs exclude:

• Provider Technology;
• Provider pre-existing materials;
• templates, workflows, prompts, tools, models, model-routing logic, orchestration logic, and software;
• generic know-how, ideas, techniques, production methods, and product improvements;
• third-party materials and open-source materials;
• elements that are not specific to Customer and may be independently generated for Provider or others.

If commercial use is permitted in the applicable Order Form, Customer may use, reproduce, modify, publish, display, distribute, perform, commercialize, and otherwise exploit Outputs, subject to the Agreement and Customer's review and clearance obligations.

Provider may retain and use Provider Technology, generic know-how, non-customer-specific methods, and improvements even if developed while providing the Service.

If the Service enables customer-specific models, fine-tunes, embeddings, style profiles, workspaces, agents, configurations, or similar customer-specific artifacts, Customer retains rights in the Customer Content used to create them. As between the Parties, Customer may use those customer-specific artifacts through the Service during the applicable term, subject to payment and compliance. Customer's rights do not include the right to extract, download, reverse engineer, decompile, copy, or independently operate Provider's base models, model weights, prompts, orchestration logic, tools, infrastructure, or Provider Technology unless an Order Form expressly permits it.

Outputs may be generated or assisted by AI systems and may require human review.

Customer is responsible for human review before using Outputs externally, commercially, or in production. Review should include, as applicable, IP clearance, likeness and publicity rights clearance, brand review, legal review, platform review, advertising review, technical QA, security review, and suitability checks for the intended audience and territory.

Provider does not guarantee that Outputs are accurate, complete, unique, exclusive, copyrightable, registrable, protectable, non-infringing, production-ready, platform-approved, commercially successful, or suitable for any particular use.

Outputs may be similar or identical to outputs generated for Provider, other customers, or third parties, especially where users submit similar prompts, instructions, source materials, or use common genres, mechanics, formats, or styles.

Provider does not provide legal, advertising, regulatory, tax, financial, medical, employment, or professional advice through the Service.

Customer is responsible for determining whether Outputs must be labeled, watermarked, disclosed, or otherwise identified as AI-generated, synthetic, edited, or manipulated content under applicable law, platform policy, advertising rules, or customer requirements. Provider may apply or preserve machine-readable provenance signals, metadata, labels, or watermarks in Outputs where required by applicable law or supported by the Service, and Customer must not remove or disable them where doing so would violate applicable law.

Customer acknowledges that generative AI and agentic workflow technology changes quickly. Provider may change models, tools, safety systems, moderation behavior, output formats, available workflow types, and output quality over time. Provider is not required to maintain any specific model, feature, workflow, output style, output quality level, or compatibility unless an Order Form expressly states otherwise.

Provider will not use Customer Content to train general-purpose AI models unless Customer expressly agrees in writing.

Provider may use Customer Content and Outputs to provide, secure, support, troubleshoot, and operate the Service for Customer.

Provider may use aggregated, de-identified, or non-customer-identifying telemetry, usage data, error data, performance data, and operational learning to analyze, secure, debug, and improve the Service.

Provider may use feedback and non-customer-specific know-how to improve the Service, provided Provider does not disclose Customer Confidential Information except as permitted by the Agreement.

If the Service uses Slack data obtained through Slack APIs, Provider will not use that Slack data to train a large language model. Customer Content submitted through www.oddgamemaker.com is subject to the same Customer Content commitments in this Agreement.

Pilot, beta, early-access, evaluation, and pre-release Services do not include a no-data-reuse commitment. For those Services, Provider may use Customer Content and Outputs to provide, secure, troubleshoot, support, evaluate, debug, operate, and improve the Service, workflows, safety systems, quality controls, and product experience, provided Provider does not disclose Customer Confidential Information except as permitted by the Agreement and does not use Customer Content to train general-purpose AI models without Customer's express written agreement.

For non-pilot Services only, if an Order Form expressly includes a "No Data Reuse" commitment, Provider will not use Customer Content or Outputs to train or improve shared models, shared tools, shared workflows, or services for other customers, except to provide, secure, troubleshoot, support, bill, and administer the Service for Customer, to comply with law, to use aggregated non-customer-identifying telemetry, or as otherwise expressly permitted in that Order Form.

Provider retains all rights in Provider Technology and Provider's pre-existing materials, generic know-how, improvements, methods, workflows, system design, templates, tools, and internal processes.

Customer must not:

• copy, scrape, extract, reverse engineer, decompile, reconstruct, or attempt to discover Provider Technology;
• use the Service to build, train, benchmark, or improve a competing product or service;
• bypass usage limits, safety systems, permission controls, queues, or rate limits;
• resell, sublicense, white-label, or provide bureau access to the Service unless expressly permitted;
• conduct load testing, security testing, vulnerability scanning, scraping, or automated high-volume use without written approval;
• remove, obscure, or alter proprietary notices or output metadata where required by the Service.

"Confidential Information" means non-public information disclosed by one Party to the other, including business information, pricing, product plans, source materials, Customer Content, Outputs, Slack discussions, OddGameMaker projects, security information, credentials, workflows, prompts, flows, code, architecture, and information marked or reasonably understood as confidential.

Each Party will protect the other Party's Confidential Information using reasonable care and will use it only to perform or exercise rights under the Agreement.

A Party may disclose Confidential Information to personnel, contractors, professional advisers, affiliates, and service providers who need to know it and are bound by confidentiality obligations, or where required by law.

Confidential Information does not include information the receiving Party can show was public without breach, lawfully known before disclosure, lawfully received from a third party without confidentiality restriction, or independently developed without use of the disclosing Party's Confidential Information.

Confidentiality obligations survive for five years after termination. Trade secrets remain protected for as long as they remain trade secrets under applicable law.

Schedule 1 - Data Processing Addendum applies where Provider processes personal data on behalf of Customer.

Provider may act as an independent controller for business contact data, billing data, legal records, security administration, website and web app analytics, service administration, compliance records, and other data processed for Provider's own business purposes.

Customer is responsible for giving notices, obtaining consents, and establishing legal bases required for Customer Content and Customer's use of the Service.

Schedule 3 - Privacy Policy describes Provider's controller processing and public-facing privacy practices.

Provider will maintain reasonable technical and organizational measures appropriate for the pilot nature of the Service.

Customer acknowledges that the pilot does not include production-level availability, a private cloud, customer VPC, dedicated tenant, custom security review, formal SLA, or enterprise audit package unless expressly stated in an Order Form.

Customer must promptly notify Provider of suspected unauthorized access, credential compromise, security vulnerabilities, or misuse affecting the Service.

The Service may depend on Third-Party Services, including Slack, web hosting and delivery services for www.oddgamemaker.com, cloud hosting, storage, logging, support tools, analytics, payment processors, and model or media generation providers.

Provider is not responsible for Third-Party Services outside its reasonable control, including outages, API restrictions, permission changes, rate limits, pricing changes, model changes, policy changes, security events, feature removals, or customer-side configuration decisions.

Provider may modify, suspend, or discontinue Service functionality if required by a Third-Party Service, law, security risk, platform policy, or operational issue.

Customer must comply with applicable third-party terms, including Slack terms and workspace rules, browser or device terms and settings, and customer-selected connected service terms, when using the Service.

Depending on Slack setup and workspace configuration, messages, files, commands, prompts, outputs, and metadata may be visible to Customer workspace administrators, Provider workspace administrators, Provider personnel and contractors supporting the Service, Slack and Slack subprocessors, and other channel members or guests with access to the relevant channel or thread.

Depending on OddGameMaker setup, account configuration, project permissions, and browser or device settings, prompts, files, uploads, project data, outputs, logs, and metadata may be visible to Customer administrators, Authorized Users with project access, Provider personnel and contractors supporting the Service, and hosting, security, analytics, or model subprocessors used to provide the Service.

Provider may maintain or publish a model, tool, or subprocessor governance page identifying material third-party model providers, infrastructure providers, and feature categories used by the Service. Provider may update that page as the Service changes.

Provider will use commercially reasonable efforts to configure hosted AI model providers not to train their general-purpose models on Customer Content where such controls are commercially available to Provider. Provider is not responsible for third-party provider practices outside Provider's contractual controls or Customer-selected third-party services.

Customer and Authorized Users must comply with Schedule 2 - Acceptable Use Policy.

Provider may remove content, refuse generation, throttle usage, suspend access, terminate access, or notify affected parties if Provider reasonably believes Customer has violated the Acceptable Use Policy or that continued use creates legal, security, platform, third-party, reputational, or service-integrity risk.

Provider respects intellectual property rights and may remove, disable, restrict, or refuse to process Customer Content or Outputs that Provider reasonably believes may infringe or violate third-party rights or the Agreement.

Copyright, trademark, publicity, or other IP complaints should be sent to the notice contact identified by Provider and should include enough information for Provider to identify the rights owner, the work or right claimed, the material at issue, the location of the material in the Service, the complainant's contact details, and a statement that the complaint is made in good faith.

If Customer believes content was removed or disabled by mistake, Customer may submit a written response explaining the issue and providing supporting information. Provider may review the response in good faith but is not required to restore any content if restoration would create legal, platform, security, or third-party risk.

Provider may terminate or restrict accounts, workspaces, or access channels of repeat infringers or users who repeatedly submit rights-violating materials.

Provider may suspend or limit access immediately if:

• Customer fails to pay undisputed Fees after notice and cure period;
• Customer breaches the Agreement or Acceptable Use Policy;
• continued access creates legal, security, IP, privacy, platform-policy, infrastructure, cost, or service-integrity risk;
• a Third-Party Service requires or reasonably causes suspension;
• Provider reasonably believes Customer Content or Customer use may violate law or third-party rights.

Provider will use reasonable efforts to notify Customer of suspension where practicable, unless notice would create risk or be unlawful.

Each Party represents that it has authority to enter into the Agreement.

Provider will provide the Service using commercially reasonable skill and care.

Except as expressly stated in the Agreement, the Service and Outputs are provided "as is" and "as available." Provider disclaims all implied warranties to the maximum extent permitted by law, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted operation, error-free operation, and that Outputs will meet Customer's requirements.

Provider does not guarantee campaign performance, revenue, CPI, ROAS, installs, retention, platform approval, publication acceptance, user reception, or commercial success.

Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, Provider's warranties are limited to the greatest extent permitted by applicable law.

Customer will defend, indemnify, and hold harmless Provider from claims, losses, damages, penalties, fines, costs, and expenses arising from:

• Customer Content;
• Customer's use, publication, commercialization, or distribution of Outputs;
• Customer's breach of the Agreement or Acceptable Use Policy;
• Customer's violation of law, third-party rights, platform policies, or confidentiality obligations;
• Customer's misuse or unauthorized disclosure of Provider Technology.

Provider will defend and indemnify Customer against third-party claims alleging that Customer's authorized use of Provider's own software interface, as provided by Provider and used according to the Agreement, infringes the claimant's intellectual property rights. This indemnity excludes Outputs, Customer Content, third-party materials, Third-Party Services, AI-generated content, open-source software, modifications not made by Provider, and use outside the Agreement.

The indemnified Party must give prompt notice, reasonable cooperation, and control of the defense to the indemnifying Party. The indemnifying Party may not settle in a way that admits fault or imposes non-monetary obligations on the indemnified Party without prior written consent.

Neither Party is liable for indirect, incidental, special, punitive, exemplary, or consequential damages, or for lost profits, lost revenue, lost goodwill, lost data, business interruption, cost of substitute services, or failed campaigns.

Each Party's total aggregate liability arising out of or relating to the Agreement is limited to the greater of:

1. Fees paid or payable by Customer under the applicable Order Form during the three months before the event giving rise to liability; or
2. EUR 10,000.

For free, trial, evaluation, or self-service use that is not covered by a signed Order Form, Provider's total aggregate liability is limited to the greater of Fees paid by Customer during the twelve months before the event giving rise to liability or EUR 100, except where liability cannot be limited under applicable law.

The cap does not apply to payment obligations, confidentiality breaches, misuse of Provider Technology, indemnity obligations, fraud, willful misconduct, or liability that cannot be limited under applicable law.

Customer acknowledges that the disclaimers, exclusions, and liability caps in the Agreement are part of the commercial basis on which Provider offers the Service and allocates risk between the Parties.

The Agreement begins when Customer accepts it and continues for the term stated in the Order Form.

Either Party may terminate for convenience only if the Order Form permits it.

Either Party may terminate for material breach if the other Party fails to cure the breach within fourteen days after written notice.

Upon termination, Customer's access rights end. Customer may continue using Outputs generated before termination only as permitted by the Agreement and subject to payment of all amounts due.

For thirty days after termination, Provider will use reasonable efforts to make Customer Content and Outputs available for export through available product features or a reasonable support process, unless termination resulted from serious misuse, legal risk, security risk, non-payment, third-party platform requirement, or applicable law prevents export. After that period, Provider may delete Customer Content and Outputs from active systems according to its retention practices and the Agreement.

Upon request, each Party will return or delete the other Party's Confidential Information, except copies retained for legal, accounting, compliance, security, backup, archival, or dispute-resolution purposes.

Provider may use Customer's name and logo on its website and promotional materials to identify Customer as a user of the Service. Customer may opt out of this use by notifying Provider in writing. Except for that limited use, neither Party may issue press releases, case studies, social media posts, detailed customer references, or other public statements about the relationship without the other Party's prior written consent.

Notices must be in writing and sent to the notice contacts in the Order Form or account records. Notices concerning material breach, termination, indemnity, legal claims, or disputes must also be sent by registered mail or courier unless the receiving Party confirms receipt by email.

Each Party will comply with laws applicable to its performance under the Agreement.

Customer must not use the Service in violation of export control, sanctions, or trade restriction laws, or in any jurisdiction or for any person where such use is prohibited.

Customer is responsible for assessing Customer's downstream use of Outputs, including whether the use is regulated, prohibited, subject to transparency duties, or otherwise restricted under applicable AI, advertising, consumer-protection, privacy, platform, or sector-specific rules.

The Agreement is governed by the laws of Finland, excluding conflict-of-laws rules.

Disputes will be settled by the District Court of Helsinki, Finland, as the court of first instance, unless an Order Form states otherwise.

Before starting formal proceedings, the Parties will use reasonable good-faith efforts to resolve disputes through business-level discussions for at least thirty days after written notice of the dispute, unless urgent interim or injunctive relief is needed.

Either Party may seek injunctive or interim relief from any competent court to protect Confidential Information, intellectual property, systems, credentials, or service access.

The Parties are independent contractors. The Agreement does not create a partnership, joint venture, employment, franchise, fiduciary, or agency relationship.

Customer may not assign the Agreement without Provider's prior written consent. Provider may assign the Agreement to an affiliate or in connection with a merger, acquisition, reorganization, financing, or sale of substantially all assets.

Neither Party is liable for delay or failure caused by events beyond reasonable control, including internet failures, cloud outages, Third-Party Service outages, labor disputes, war, civil unrest, government action, natural disaster, or utility failure.

If a provision is invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the rest of the Agreement remains in effect.

Failure to enforce any provision of the Agreement is not a waiver. Any waiver must be in writing and signed by the waiving Party.

The Agreement is the entire agreement between the Parties on its subject matter and supersedes prior discussions, proposals, and agreements on that subject matter.

The Agreement does not create third-party beneficiary rights unless it expressly states otherwise.

Section and schedule headings are for convenience only and do not affect interpretation.

The Agreement may be signed in counterparts and by electronic signature.