Terms of Use

These Terms of Use ("Terms") form a binding agreement between Digital Peax OÜ ("Odaq", "we", "us", "our") and the individual or entity that creates an account or otherwise uses the Odaq platform ("you", "Customer"). By accessing or using Odaq, you agree to be bound by these Terms. If you are entering into these Terms on behalf of an organisation, you represent that you have authority to bind that organisation, and "you" refers to that organisation.

These Terms incorporate by reference our Privacy Policy, our Acceptable Use Policy ("AUP"), and — where we process personal data on your behalf — our Data Processing Agreement ("DPA"). If you do not agree with these Terms, do not use the Service.

1. Definitions

• "Service" — the Odaq platform, including the Insight, Canvas, and Scribe AI agents, the Hive Mind memory layer, connected-integration features, and our website at odaq.ai.
• "Customer Content" — data, files, prompts, and connected-account data you submit to, or authorise the Service to ingest on your behalf.
• "Output" — the insights, charts, reports, creatives, and copy generated by the Service in response to your inputs.
• "Account" — your registered Odaq user or organisation account.

2. Eligibility & Accounts

• You must be at least 18 years old to create an Account and use the Service. The Service is a business tool and is not directed at children.
• You must provide accurate, current, and complete information when registering and keep it up to date.
• You are responsible for safeguarding your credentials and for all activity that occurs under your Account. Notify us promptly at info@odaq.ai of any unauthorised use.
• Under-age accounts. If we learn that an Account was created by a person under 18, or that we hold personal data of someone below the minimum age in our Privacy Policy, we will suspend the Account and delete the associated personal data without undue delay.

3. The Service

Odaq provides AI agents that analyse your connected marketing data and generate analytical insights and marketing content. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes during your subscription, subject to these Terms. Features marked beta, preview, or experimental are provided "as is" and may be changed or withdrawn at any time.

4. Subscription, Billing & Payment

Plan tiers, included credits, and prices are described on our Pricing page, which forms part of these Terms.

• Free tier & credits. We may offer a free tier and credit-based usage. Credits have no cash value, are non-transferable, and expire as stated on the Pricing page or your plan.
• Renewal. Paid subscriptions renew automatically for successive periods (monthly or annual, as selected) unless cancelled before the renewal date.
• Cancellation. You may cancel at any time from your Account; cancellation takes effect at the end of the current paid period, and you retain access until then.
• Refunds. Except where required by mandatory law (including EU consumer-withdrawal rights, where applicable), fees are non-refundable and there are no refunds or credits for partial periods or unused credits.
• Price changes. We may change prices or plan structures. For changes affecting an active paid subscription, we will give at least 30 days' advance notice; changes take effect at your next renewal, and you may cancel before then if you do not accept them.
• Taxes & VAT. Fees are exclusive of taxes. You are responsible for applicable taxes other than taxes on our net income. For EU business customers, the reverse-charge mechanism may apply where you provide a valid VAT number; for EU consumers, VAT is charged at your local rate and accounted for under the EU One-Stop-Shop (OSS) scheme.
• Payment methods & non-payment. You authorise us (and our payment processor) to charge your selected payment method. If a charge fails or an invoice is overdue, we may suspend the Service after notice in line with Section 9.

5. Customer Content & Input License

As between you and us, you retain all rights in and to your Customer Content. You grant us a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, and display Customer Content solely as necessary to provide and maintain the Service for you, including ingesting data from the integrations you connect and the files you upload.

No model training without opt-in. We do not use your Customer Content or Outputs to train foundation models without your separate, opt-in consent. Where the Service relies on third-party AI providers, those providers are contractually bound not to train on data submitted via their business APIs. We may process anonymised or aggregated data that does not identify you or any individual to operate, secure, and improve the Service.

You represent that you have all rights and permissions necessary to submit your Customer Content and to authorise the processing described above, and that doing so does not violate any law or third-party right.

6. AI Output — No Warranty of Accuracy

The Service uses generative AI. Outputs are produced by probabilistic models and may be inaccurate, incomplete, outdated, or misleading, and may "hallucinate" facts. Outputs are not professional, legal, financial, or marketing-compliance advice.

You are solely responsible for reviewing, verifying, and editing Outputs before you publish them or rely on them for any decision. We do not warrant the accuracy, completeness, reliability, or fitness for any particular purpose of any Output. You are responsible for ensuring your use of Outputs complies with applicable law, including advertising, consumer-protection, intellectual-property, and AI-transparency rules (see our Acceptable Use Policy).

7. Ownership of Outputs & the Service

Your Outputs. As between you and us, and to the extent Outputs are legally capable of ownership and assignment, we assign to you all our right, title, and interest in the Outputs generated for you (Canvas creatives, Scribe copy, and Insight reports), so that you may use them for your business. Because AI Outputs may not be exclusive and similar Outputs may be generated for others, we make no representation that Outputs are unique or that you can obtain exclusive rights in them.

Our Service. We and our licensors retain all right, title, and interest in and to the Service itself — including the software, models, agent prompts, user interface, documentation, and the Odaq name and logo. No rights are granted except as expressly set out in these Terms. We may retain and use anonymised telemetry and aggregated usage statistics that do not identify you or any individual to operate, secure, and improve the Service.

8. Acceptable Use

Your use of the Service must at all times comply with our Acceptable Use Policy, which is incorporated into these Terms. The AUP prohibits, among other things, illegal content, intellectual-property infringement, malware and spam, abusive scraping, reverse engineering, and AI-specific abuse such as deceptive deepfakes and content that misrepresents AI as human contrary to Article 50 of the EU AI Act. We may update the AUP in line with Section 13.

9. Suspension & Termination

By you. You may stop using the Service and terminate these Terms at any time by cancelling and deleting your Account.

By us. We may suspend or terminate your access, in whole or in part, for: non-payment; a material breach of these Terms or the AUP; a security risk to the Service or other customers; a legal, regulatory, or court order; or an event of force majeure that prevents provision of the Service. Except where immediate action is required (for example a serious security threat, ongoing harm, or severe AUP abuse), we will give you reasonable notice and, where appropriate, an opportunity to cure.

Effect of termination. On termination your right to use the Service ends. Following termination, and subject to the DPA for any personal data we process on your behalf, we will make Customer Content available for export for a limited period and then delete it in the ordinary course, typically within 30 days, unless retention is required by law (for example accounting records). Sections that by their nature should survive — including Sections 5–7 and 10–15 — survive termination.

10. Confidentiality

Each party may receive non-public information of the other that is marked or reasonably understood to be confidential. The receiving party will use such information only to perform under these Terms and protect it with at least reasonable care. This does not apply to information that is public through no fault of the receiver, independently developed, or required to be disclosed by law (with notice where lawful).

11. Disclaimers

Except as expressly stated in these Terms and to the maximum extent permitted by law, the Service is provided "as is" and "as available", and we disclaim all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that Outputs will meet your requirements. Nothing in these Terms excludes or limits any warranty or right that cannot be excluded or limited under mandatory law, including the statutory rights of consumers.

12. Limitation of Liability

To the maximum extent permitted by law, neither party is liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill, arising out of or related to these Terms or the Service, even if advised of the possibility.

To the maximum extent permitted by law, our total aggregate liability arising out of or related to these Terms is limited to the total fees you paid to us for the Service in the 12 months immediately preceding the event giving rise to the claim.

Carve-outs. The exclusions and the cap above do not apply to: a party's liability for its breach of the confidentiality obligations in Section 10; the indemnification obligations in Section 13; your obligation to pay fees; or liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, fraud, or wilful misconduct.

EU consumers. If you use the Service as a consumer in the EU/EEA, nothing in this Section or these Terms limits your mandatory statutory rights or our liability where such limitation is prohibited by the law of your country of residence (Article 6 of Regulation (EC) No 593/2008, "Rome I").

13. Indemnification

By you. You will defend, indemnify, and hold us harmless from third-party claims, damages, and reasonable costs arising from your Customer Content, your use of the Service in breach of these Terms or the AUP, or your violation of law or third-party rights.

By us. We will defend you against third-party claims alleging that the Service itself (excluding Customer Content, Outputs as used by you, or third-party services you connect) infringes that third party's intellectual-property rights, and we will pay damages finally awarded or agreed in settlement. This obligation does not apply to claims arising from your Customer Content, your modification or unauthorised use of the Service, or your combination of the Service with other products. Our indemnity is subject to the liability cap in Section 12.

The indemnified party must promptly notify the indemnifying party, allow it to control the defence, and provide reasonable cooperation; no settlement that imposes a non-monetary obligation may be made without consent.

14. Changes to the Service & These Terms

We may modify the Service over time. We may also update these Terms. For material changes, we will provide at least 30 days' advance notice by email or in-app notice before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree to a material change, you may terminate before it takes effect, as your exclusive remedy. We keep prior versions available on request.

15. Governing Law & Jurisdiction

These Terms are governed by the laws of Estonia, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods. The courts of Tallinn, Estonia have exclusive jurisdiction over disputes arising out of or relating to these Terms.

EU consumer carve-out. If you use the Service as a consumer in the EU/EEA, this choice of law does not deprive you of the protection of the mandatory consumer-protection provisions of the law of your country of habitual residence (Rome I, Article 6), and you may bring proceedings in the courts of your country of residence where mandatory consumer law so provides. The European Commission's online dispute-resolution platform is available at ec.europa.eu/consumers/odr.

16. General

• Notices. We send notices to the email on your Account or by in-app notice; you send notices to info@odaq.ai.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.
• Severability. If any provision is held unenforceable, the remaining provisions stay in effect, and the unenforceable provision is modified to the minimum extent necessary.
• Entire agreement. These Terms, together with the Privacy Policy, AUP, DPA (where applicable), and the Pricing page, are the entire agreement between us and supersede prior agreements on their subject matter.
• Waiver. A failure to enforce a provision is not a waiver of it.
• No third-party beneficiaries. These Terms do not create rights for any third party.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
• Language. These Terms are provided in English; the English version controls over any translation.

17. Contact