Terms of Service

Last updated on January 8, 2025.

Welcome to Odyssey. These Terms of Service ("Terms") govern your access to and use of the websites, products, and services (collectively, the "Services") provided by Odyssey Labs, Inc. ("Odyssey," "we," "us," or "our").

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services.

1. Acceptance of Terms

By creating an account, accessing, or using any part of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Services

Odyssey provides analytics and user journey tracking tools designed to help businesses understand and optimize user behavior. Our Services include data collection, analysis, visualization, and reporting features that enable you to gain insights into how users interact with your digital products.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

3. User Accounts and Registration

To access certain features of the Services, you must create an account. When creating an account, you agree to:

  • Provide accurate, current, and complete information;
  • Maintain and promptly update your account information;
  • Maintain the security of your account credentials and accept all risks of unauthorized access;
  • Immediately notify us of any unauthorized use of your account or any other breach of security.

You are responsible for all activities that occur under your account. You may not share your account credentials or allow others to access your account. We reserve the right to suspend or terminate accounts that violate these Terms.

4. User Obligations and Acceptable Use

When using the Services, you agree not to:

  • Violate any applicable laws, regulations, or third-party rights;
  • Use the Services for any illegal, harmful, or fraudulent purpose;
  • Interfere with or disrupt the Services or servers or networks connected to the Services;
  • Attempt to gain unauthorized access to any portion of the Services or any other systems or networks;
  • Use any automated means (such as bots, scrapers, or crawlers) to access the Services without our express written permission;
  • Collect or harvest any personally identifiable information from other users;
  • Upload, transmit, or distribute any viruses, malware, or other malicious code;
  • Impersonate any person or entity or misrepresent your affiliation;
  • Use the Services in any manner that could damage, disable, overburden, or impair our infrastructure.

We reserve the right to investigate and take appropriate legal action against anyone who violates these Terms, including removing content, suspending or terminating accounts, and reporting violations to law enforcement.

5. Intellectual Property Rights

The Services and all content, features, and functionality (including but not limited to software, code, text, graphics, logos, images, and designs) are owned by Odyssey or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal or internal business purposes. You may not copy, modify, distribute, sell, lease, or create derivative works from the Services or any content without our prior written consent.

You retain all rights to the data you submit to the Services ("User Data"). By submitting User Data, you grant us a worldwide, royalty-free license to use, store, process, and display the User Data solely to provide and improve the Services.

6. Payment and Billing

Certain features of the Services may require payment of fees. If you choose to use paid features, you agree to pay all applicable fees as described on our pricing page. All fees are non-refundable unless otherwise stated.

We may change our pricing at any time. If we change the fees for a subscription plan you are currently using, we will provide you with reasonable notice, and the changes will take effect at the start of your next billing cycle.

You authorize us to charge your designated payment method for all fees. If your payment method fails or your account is past due, we may suspend or terminate your access to the Services.

7. Data and Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Services, you consent to our collection and use of your information as described in the Privacy Policy.

You are responsible for ensuring that your use of the Services complies with all applicable privacy and data protection laws, including obtaining necessary consents from end users whose data you collect through the Services.

8. Third-Party Services and Links

The Services may integrate with or contain links to third-party services, websites, or applications that are not owned or controlled by Odyssey. We are not responsible for the content, privacy policies, or practices of any third-party services. You acknowledge and agree that we shall not be liable for any damage or loss caused by your use of any third-party services.

9. Termination

You may terminate your account at any time by contacting us or using the account deletion features in the Services. Upon termination, your right to use the Services will immediately cease.

We may suspend or terminate your account or access to the Services at any time, with or without cause, and with or without notice. Reasons for termination may include violation of these Terms, fraudulent activity, or other conduct that we determine to be harmful to the Services or other users.

Upon termination, all licenses and rights granted to you under these Terms will immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICES.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ODYSSEY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnification

You agree to indemnify, defend, and hold harmless Odyssey and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising from:

  • Your use of the Services;
  • Your violation of these Terms;
  • Your violation of any rights of another person or entity, including intellectual property rights or privacy rights;
  • Any User Data you submit to the Services.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in San Francisco, California. You agree to waive any right to a jury trial or to participate in a class action.

Notwithstanding the foregoing, we may seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights or confidential information.

14. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email, through the Services, or by posting a notice on our website. Your continued use of the Services after such notice constitutes your acceptance of the modified Terms.

If you do not agree to the modified Terms, you must stop using the Services and terminate your account. The most current version of these Terms will always be available on our website.

15. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Odyssey regarding the Services.

Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.

Assignment: You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, natural disasters, or internet service provider failures.

16. Contact Information

If you have any questions, concerns, or feedback regarding these Terms or the Services, please contact us:

  • Email: legal@odysseylabs.ai.
  • Address: Odyssey Labs, Inc., 123 Tech Street, San Francisco, CA 94105
  • Support: support@odysseylabs.ai