Terms of Service | Omega by Secret Agents

1. Agreement to Terms

These Terms of Service ("Terms") are a binding agreement between you ("you," "Customer") and AI Marketing Sales LLC, a Delaware limited liability company doing business as Secret Agents ("Company," "we," "us"), governing your access to and use of Omega, including our website, applications, APIs, and related services (the "Service"). By accessing, registering for, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service. Please read Sections 10–14 carefully — they limit our liability and affect your legal rights.

2. Eligibility & Accounts

You must be at least 18 and able to form a binding contract. You are responsible for your account credentials and for all activity under your account, and for keeping your credentials secure. Notify us promptly of any unauthorized use.

3. Acceptable Use

You agree not to: use the Service unlawfully or to infringe others' rights; attempt to reverse engineer, disrupt, or gain unauthorized access to the Service; upload malware; or use the Service to generate content that is illegal, harmful, deceptive, or that violates third-party rights. We may suspend or terminate accounts that violate these Terms.

4. AI-Generated Output — Your Responsibility

The Service uses artificial intelligence and automated systems. AI Output may be inaccurate, incomplete, outdated, or otherwise unsuitable for your purposes. You are solely responsible for evaluating and verifying all AI Output and must apply independent human review before relying on it. AI Output does not constitute legal, financial, tax, medical, or other professional advice. You assume all risk arising from your use of, or reliance on, any AI Output and any content you create with the Service.

5. Fees, Payment & Refunds

You agree to pay all fees for your plan as described at signup, in U.S. Dollars. Fees are billed in advance on a recurring basis (monthly or annually) and charged to your payment method on file; you authorize us and our payment processor to charge all applicable fees. Monthly plans are non-refundable. Annual plans are covered by the refund policy stated at checkout (currently a 120-day money-back guarantee). Except as expressly stated at checkout or required by law, fees are non-refundable and non-cancelable for partial periods. You are responsible for applicable taxes. We may change fees on renewal with prior notice; continued use after the change constitutes acceptance. The Service runs on your own third-party AI subscription and tools, which are billed separately by those providers.

6. Intellectual Property

The Service, including all software, models, technology, and content (excluding Customer Data), and all intellectual property rights therein, remain the exclusive property of the Company and its licensors. You retain all rights in your Customer Data and grant us a worldwide, non-exclusive, royalty-free license to host, process, and use Customer Data solely to provide, secure, and improve the Service and as described in our Privacy Policy. If you give us feedback, we may use it without restriction.

7. Data Protection & Privacy

Our collection and use of personal information is described in our Privacy Policy. You are responsible for ensuring you have the rights and any consents necessary for the Customer Data you submit to the Service.

8. Third-Party Services

The Service may integrate with or rely on third-party products, models, and APIs. We are not responsible for third-party services, and your use of them is governed by their terms. Availability of the Service may depend on those providers.

9. Term & Termination

These Terms apply while you use the Service. You may cancel at any time as described in your account. We may suspend or terminate access for violation of these Terms, non-payment, or to comply with law. Provisions that by their nature should survive termination (including Sections 4, 6, 10–13) survive.

10. Disclaimer of Warranties

THE SERVICE, INCLUDING ALL AI OUTPUT, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that AI Output will be accurate or meet your requirements.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (a) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (b) USD $100.

12. Assumption of Risk

YOU USE THE SERVICE, AND RELY ON ANY AI OUTPUT, ENTIRELY AT YOUR OWN RISK. You are solely responsible for decisions and actions you take based on the Service or AI Output and for any resulting outcomes.

13. Indemnification

You will defend, indemnify, and hold harmless the Company and its officers, employees, and licensors from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of your use of the Service, your Customer Data, your violation of these Terms or any law or third-party right, or any action you take based on AI Output.

14. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. Except for claims that qualify for small-claims court or for injunctive relief to protect intellectual property, any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration administered by the American Arbitration Association, seated in New Castle County, Delaware. You and the Company agree to bring claims only in an individual capacity and not as part of any class or representative proceeding. You may opt out of arbitration by written notice to [email protected] within 30 days of first accepting these Terms.

15. Changes & Contact

We may update these Terms from time to time; material changes will be posted here with an updated date, and continued use constitutes acceptance. Questions about these Terms? Contact [email protected].