Terms of Service

These Terms of Service (“Terms”) govern access to and use of OMB Cloud AES (“OMB Cloud,” “we,” “us” or “our”), a multi-tenant SaaS platform for sales, marketing, content publishing, customer operations and AI-assisted workflows. By creating an account or using OMB Cloud you (“Customer,” “you”) agree to these Terms.

1. Who we are

OMB Cloud AES is operated by the entity of the OMB® (Online Media Builders®) network that contracts with you in your jurisdiction (the “Provider”). For commercial inquiries: hello@omb.cloud. For privacy and data-subject requests: privacy@omb.cloud.

2. Accounts and eligibility

• You must be at least 18 years old and able to form a legally binding contract.
• You are responsible for keeping your credentials confidential and for all activity that occurs under your account.
• The administrator of a Customer organization (“Tenant”) is responsible for inviting Users, assigning roles and revoking access when no longer needed.
• You must provide accurate registration information and keep it up to date.

3. Subscriptions, fees and billing

• OMB Cloud is offered on a subscription basis. Plans, included quotas (users, AI usage, vendor credits, storage) and prices are described at sign-up or in your written commercial agreement.
• Fees are billed in advance for the subscription term you select. Fees are non-refundable except where required by law or expressly stated in your commercial agreement.
• Automatic renewal. Your subscription renews automatically at the end of each billing period (monthly or annual) at the then-current price for that plan, unless you cancel before the renewal date. You may cancel at any time, with no penalty, from inside OMB Cloud (your subscription page or the Stripe billing portal) or by emailing hello@omb.cloud. Cancellation takes effect at the end of the current paid period, and you keep access until then; fees already paid are non-refundable except where required by law. Renewal and billing information is provided in the billing emails we send for each charge.
• Late payment may result in suspension of the affected services after written notice. Surcharges and reactivation conditions, if any, are set in the commercial agreement.
• Taxes are your responsibility unless we are legally required to collect them on your behalf.

4. Customer Data

• “Customer Data” means all data and content uploaded to OMB Cloud by you or your Users, including data ingested from third-party integrations you connect (e.g. Gmail, Drive, Calendar, Facebook, Instagram).
• You retain all rights, title and interest in Customer Data. We do not own it.
• You grant us a limited, non-exclusive, worldwide license to host, process and transmit Customer Data solely to provide and improve the platform for you, to comply with law, and to enforce these Terms.
• You are responsible for the legality of Customer Data, for obtaining all consents required to upload it, and for ensuring it does not infringe third-party rights.
• Upon termination you may export Customer Data for up to 30 days; after that we may delete it in accordance with our retention policy.

5. Third-party integrations (Google, Meta and others)

OMB Cloud connects to third-party services on your behalf using OAuth and API access you explicitly authorize. These services include, without limitation, Google APIs (Gmail, Calendar, Drive), Meta Platforms (Facebook Pages and Instagram Business), and other integrations enabled in the platform.

• You are responsible for complying with the terms of those third-party services.
• We will only access scopes you authorize and only to perform actions you initiate inside OMB Cloud.
• Our handling of Google API Data is described in detail in Section 6 of our Privacy Policy, including the Google API Services User Data Policy Limited Use disclosure.
• When you connect a Facebook Page or Instagram Business account, you also agree to comply with the Meta Platform Terms, the Meta Developer Policies and the Facebook Community Standards (and, for Instagram, the Instagram Community Guidelines). You are solely responsible for the content you publish through OMB Cloud, including its compliance with those policies. Our handling of Meta Platform Data is described in detail in Section 5 of our Privacy Policy.
• We are not responsible for outages, breaking changes or policy changes of third-party services. If a third-party service revokes our access or removes a feature, we will use reasonable efforts to adapt the integration but cannot guarantee continuous compatibility.
• You can disconnect any integration at any time from inside OMB Cloud (Settings → Connected Accounts) or from the third-party service’s own permission settings.

6. AI features

• OMB Cloud offers optional AI-assisted features (the “AI Workforce”): classification, summarization, drafting and execution of workflows you configure.
• AI features process Customer Data through enterprise large-language-model providers under written contracts that prohibit training on customer data and enforce zero retention beyond the immediate API call.
• AI outputs are probabilistic and may contain errors. You are responsible for reviewing AI-generated content before sending to third parties or relying on it for decisions.
• You can disable AI features at the Tenant or per-user level at any time without losing access to the rest of OMB Cloud.
• Outbound communications produced by AI agents are clearly attributed to the agent (name and role) on behalf of your Tenant and never impersonate a human user.

7. Acceptable Use Policy

You agree not to use OMB Cloud, and not to allow your Users or anyone acting on your behalf to use OMB Cloud, to:

• Send spam, unsolicited bulk communications or messages that violate anti-spam laws (CAN-SPAM, CASL, GDPR ePrivacy, LFPDPPP, LGPD or any other applicable regime).
• Send phishing, smishing, social-engineering, fraudulent or deceptive content, including impersonation of any person, organization or government entity.
• Distribute malware, ransomware, viruses, worms, exploits or any code intended to disrupt, surveil or damage computer systems.
• Harvest, scrape or collect personal data from third-party services (including Google or Meta APIs) beyond what is necessary for the actions you initiate.
• Engage in activity that infringes intellectual-property rights, defames any person, or constitutes harassment, hate speech or unlawful discrimination.
• Use OMB Cloud for content involving minors that is sexually suggestive or otherwise harmful, or for any sexually explicit content of adults without the actors’ explicit consent.
• Sell, rent or sublicense access to OMB Cloud, reverse-engineer the platform, probe its security, attempt to bypass quotas or rate limits, or share login credentials between unaffiliated parties.
• Use OMB Cloud to compete with us by building a substantially similar product.
• Use the collections, telephony, SMS, WhatsApp or other outbound-contact features for unlawful debt collection or any contact that constitutes harassment, intimidation, threats, deception, disclosure of a debt to third parties, or impersonation of authorities — or to contact recipients without a lawful basis or any consent required by applicable law (including the U.S. TCPA, Mexico’s LFPDPPP and consumer-protection rules such as PROFECO/NOM-185, the EU GDPR/ePrivacy, or equivalents). You are solely responsible for the lawfulness of your collection practices and for the legal basis to contact your recipients through each channel you enable.
• Violate any applicable export-control, sanctions or anti-money-laundering laws.

Violations may result in immediate suspension or termination under Section 9, in addition to any other remedies available to us under law.

8. Service availability

• We use commercially reasonable efforts to keep OMB Cloud available, but we do not guarantee uninterrupted access. Maintenance windows, third-party outages and force-majeure events are excluded from availability metrics.
• Specific uptime commitments, if any, are set out in your written commercial agreement or in a separate Service Level Agreement.
• We will provide reasonable notice of planned maintenance affecting paid Customers when possible.

9. Suspension and termination

• You may cancel your subscription at any time from inside OMB Cloud or by writing to hello@omb.cloud. Pre-paid fees are non-refundable except as stated in Section 3.
• We may suspend or terminate your account for material breach of these Terms, non-payment after notice, security incidents, abuse, fraud, illegal activity, or where required by law or by a third-party service we depend on (for example, if Google or Meta require us to terminate access).
• Upon termination, your right to access OMB Cloud ends. You may export Customer Data for up to 30 days as described in Section 4. After that period, Customer Data is deleted in accordance with our retention policy and our Privacy Policy.

10. Intellectual property

• OMB Cloud, including all software, source code, designs, documentation, methodologies, templates, dashboards, AI agent definitions and any improvements to them, is and remains our exclusive property and that of our licensors.
• OMB® and Online Media Builders® are registered trademarks. You are not granted any right to use them except as required to identify OMB Cloud as your service provider.
• If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction.

11. Confidentiality

Each party will protect the other’s non-public business and technical information with at least the same degree of care it uses for its own confidential information, and not less than a reasonable standard of care. Confidentiality obligations survive termination of these Terms for as long as the information remains non-public.

12. Disclaimers and limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OMB CLOUD IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED, NOR THAT AI OUTPUTS WILL BE ACCURATE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE FEES YOU PAID TO US FOR OMB CLOUD IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT WILL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Indemnification

You will defend, indemnify and hold harmless OMB Cloud and its affiliates from any third-party claim arising out of (a) Customer Data, (b) your or your Users’ breach of these Terms, including the Acceptable Use Policy, or (c) your violation of applicable law. We will defend, indemnify and hold you harmless from any third-party claim that the platform itself, when used as permitted, infringes a third party’s intellectual-property rights, subject to the cap in Section 12.

14. Privacy and data protection

Our processing of personal data is described in our Privacy Policy, which is incorporated by reference into these Terms. Where you process personal data subject to GDPR, CCPA/CPRA, LFPDPPP, LGPD or similar laws using OMB Cloud, you act as the data controller and we act as data processor. A Data Processing Addendum is available on request to privacy@omb.cloud.

15. Modifications to the platform and these Terms

• We may modify the platform, including adding, removing or changing features, at any time. We will give reasonable notice of material adverse changes affecting paid Customers.
• We may modify these Terms by posting an updated version at this URL and updating the “Effective date.” Material changes will be notified to active Users by email or in-product notice at least 30 days before they take effect.
• Your continued use of OMB Cloud after the effective date of any update constitutes acceptance of the updated Terms.

16. Governing law and dispute resolution

These Terms are governed by the laws of the jurisdiction in which the Provider entity that contracted with you is legally constituted, without regard to its conflict-of-laws rules. Any dispute, controversy or claim arising out of or relating to these Terms or to your use of OMB Cloud will be submitted to the exclusive jurisdiction of the competent courts of that place, unless your written commercial agreement specifies arbitration. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

Nothing in this Section deprives you of the protection of the mandatory laws of your country or region of residence that cannot be excluded by agreement — including mandatory consumer-protection and data-protection rules. To the extent such mandatory local law applies to you, it prevails over the governing law chosen above, and you may also bring claims before the competent authorities of your place of residence where local law so requires.

17. Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy and any signed commercial agreement, constitute the entire agreement between you and us regarding OMB Cloud and supersede any prior agreements on the same subject matter.
• Severability. If any provision is held unenforceable, the rest remains in effect.
• No waiver. Failure to enforce a provision is not a waiver of the right to enforce it later.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition or sale of assets.
• Notices. Notices to us must be sent to hello@omb.cloud. We will send notices to the email address associated with your account.
• Force majeure. Neither party is liable for delays caused by events beyond reasonable control.

18. Contact

Questions about these Terms? Write to hello@omb.cloud. For privacy or data-protection matters, write to privacy@omb.cloud.