Legal Agreement

Terms of Service

Governing your access to and use of OM Digital LLC services.

Effective Date: November 20, 2025

Company Name: OM Digital LLC

Company Address: 30 N Gould St, Sheridan, WY 82801, United States

Website: https://omdigital.cc

Email: contact@omdigital.cc

These Terms of Service govern your access to and use of the OM Digital LLC website, digital consulting services, development services, subscription products, cloud optimization work, and any additional offerings provided by OM Digital LLC. By accessing our website or using any of our services, you agree to be bound by these Terms.

If you do not agree with these Terms, do not use the website or any services provided by OM Digital LLC.

1. Definitions

  • User or You means any individual or entity accessing the website or using OM Digital LLC services.
  • Services means all consulting, development, cloud optimization, SEO support, design, strategy, monitoring, subscriptions, and digital products provided by OM Digital LLC.
  • Deliverables means any work product created by OM Digital LLC during the course of providing services.
  • Subscription Services refers to recurring monthly or annual services such as Website Health Monitor or Content & SEO Support.
  • Agreement means these Terms of Service and any written or digital agreement between you and OM Digital LLC.

2. Scope of Services

OM Digital LLC provides digital consulting, custom software development, web application creation, cloud optimization, branding design, SEO support, and related digital services. Exact scope, deliverables, and timelines may be defined in separate statements of work, proposals, invoices, or project documents.

We reserve the right to modify, expand, reduce, or discontinue aspects of our website or services at any time.

3. Eligibility

To use our services, you must:

  • Be at least 18 years old.
  • Have the legal authority to enter into a binding agreement.
  • Provide accurate, complete, and up-to-date information.

Use of our services for unlawful, fraudulent, harmful, or misleading activities is strictly prohibited.

4. Client Responsibilities

You agree to:

  • Provide accurate information necessary to perform services.
  • Respond to communication and requests in a timely manner to avoid delays.
  • Provide required access credentials, content, files, and materials when needed.
  • Ensure that any content you provide does not infringe intellectual property rights of others.
  • Comply with all applicable laws, regulations, and industry guidelines relevant to your business.

Delays caused by missing information, late responses, incomplete materials, or inaccurate data are not the responsibility of OM Digital LLC.

5. Intellectual Property Rights

5.1 Ownership of Deliverables

Upon full payment, OM Digital LLC grants you a non-exclusive, worldwide, perpetual license to use the final deliverables for their intended purpose.

OM Digital LLC retains ownership of:

  • Underlying code libraries
  • Development frameworks
  • Internal tools
  • Technical processes
  • Pre-existing intellectual property

Unless otherwise agreed in writing, transfer of full intellectual property ownership is not automatic and may require a separate agreement.

5.2 Client Materials

You retain ownership of all content, data, trademarks, brand assets, and materials you provide to us. You grant us a limited license to use these materials solely for the purpose of delivering services.

5.3 Portfolio Use

OM Digital LLC may showcase non-confidential work, including designs, websites, or development outcomes in our portfolio unless explicitly requested otherwise in writing.

6. Payment Terms

6.1 General

All services must be paid for through the payment methods listed on https://omdigital.cc/ or approved by OM Digital LLC, including Stripe, ACH, or wire transfers.

6.2 Upfront Payments

Many services require upfront or milestone-based payments. Work begins only after payment is received.

6.3 Subscription Billing

Subscriptions renew automatically unless canceled. If payment fails, we may suspend or terminate the subscription.

6.4 Taxes

Users are responsible for any applicable taxes imposed by their jurisdiction.

6.5 Refunds

Refunds are governed by our Refund Policy. Custom development, consulting, strategy work, and completed deliverables are generally non-refundable.

7. Service Timelines

We make reasonable efforts to meet project timelines. However, timelines may shift due to:

  • Client delays
  • Scope changes
  • Technical limitations
  • Third-party system failures
  • Force majeure events
  • Unavailability of requested integrations or APIs

We do not guarantee fixed completion dates unless explicitly stated in writing.

8. Revisions and Scope Changes

Unless stated otherwise, service packages include a defined number of revisions. Additional revisions or scope changes may incur additional fees.

Scope creep includes but is not limited to:

  • Requests outside original project description
  • New pages, features, or modules
  • Redesigns after approval
  • Additional integrations or platform setups

Any such requests will be quoted separately.

9. Access Credentials and Security

If you provide login credentials for hosting, CMS, analytics, ad accounts, or other systems, you are responsible for ensuring their accuracy and security.

OM Digital LLC will handle credentials securely but is not responsible for issues resulting from insecure client practices or third-party breaches.

Credentials provided by the client should not be shared elsewhere without authorization.

10. Acceptable Use

You agree not to use OM Digital LLC services to:

  • Engage in illegal activities
  • Violate intellectual property rights
  • Distribute malware, malicious code, or harmful scripts
  • Engage in unethical SEO tactics
  • Circumvent security measures
  • Interfere with the normal operation of websites, servers, APIs, or cloud services

We may refuse service if your project violates these principles.

11. Third-Party Services and Integrations

Our services may involve:

  • Cloud platforms (AWS, Azure, GCP)
  • CMS platforms
  • Analytics tools
  • Payment processors
  • API integrations
  • Marketing platforms
  • Uptime monitoring systems

We are not liable for:

  • Service outages
  • Third-party policy changes
  • Security vulnerabilities originating from external systems
  • Data losses outside our control
  • Third-party rate limit errors or API restrictions

Your use of third-party tools is subject to their respective terms and policies.

12. Service Limitations

12.1 No Guaranteed Outcomes

SEO improvements, analytics growth, conversion increases, uptime guarantees, or performance enhancements cannot be guaranteed due to external factors beyond our control.

12.2 Monitoring Services

Website Health Monitor provides scans, detection, and automated reporting. It does not replace:

  • Full penetration testing
  • Manual security audits
  • 24/7 engineering monitoring
  • Emergency response services

12.3 Consulting Services

Consulting insights and strategic recommendations are based on industry best practices but do not guarantee financial or operational results.

13. Confidentiality

We maintain strict confidentiality of client materials and project data.

We may disclose information only when:

  • Required by law
  • Necessary to enforce agreements
  • Requested explicitly by the client
  • Needed to work with approved subcontractors

All subcontractors are bound by confidentiality obligations.

14. Data Protection

Processing of personal data is governed by our Privacy Policy and, when applicable, a Data Processing Addendum.

We follow industry standards for data protection but cannot guarantee absolute security due to inherent risks of internet-based systems.

15. Termination

We may suspend or terminate services if:

  • You violate these Terms
  • Payment is not completed
  • There is misuse of our services
  • Fraudulent or illegal activity is suspected

You may terminate at any time by contacting us, but no refunds are issued for completed or ongoing work unless stated otherwise.

16. Disclaimer of Warranties

All services are provided on an as-is and as-available basis.

OM Digital LLC disclaims all warranties, express or implied, including:

  • Fitness for a particular purpose
  • Merchantability
  • Non-infringement
  • Expected outcomes or results
  • Uninterrupted availability of services

We do not guarantee error-free code, flawless performance, or permanent compatibility with third-party systems.

17. Limitation of Liability

To the maximum extent permitted by law:

  • OM Digital LLC is not liable for indirect, incidental, punitive, or consequential damages.
  • Total liability is limited to the amount you paid for the service giving rise to the claim.

We are not responsible for losses caused by:

  • Third-party integrations
  • Client misuse
  • Security breaches outside our infrastructure
  • Downtime or failures of hosting providers
  • Force majeure events
  • Misinterpretation of consulting advice
  • Errors resulting from incomplete or inaccurate information provided by the client

These limitations apply even if we were advised of possible damages.

18. Indemnification

You agree to indemnify OM Digital LLC against any claims, losses, damages, liabilities, or expenses arising from:

  • Your use of the services
  • Your violation of laws or regulations
  • Infringement of third-party rights
  • Misuse of deliverables
  • Content or materials you provide to us

This obligation survives termination of the agreement.

19. Governing Law

These Terms are governed by the laws of the State of Wyoming and applicable U.S. federal law.

You agree that any disputes will be resolved in the courts located in Sheridan County, Wyoming, unless otherwise required by law.

20. Changes to These Terms

We may update these Terms at any time.

The Effective Date at the top reflects the most recent update.

Continued use of our website or services indicates acceptance of the updated Terms.

21. Contact Information

For all inquiries related to these Terms, contact us at:

OM Digital LLC

30 N Gould St, Sheridan, WY 82801, United States

Email: contact@omdigital.cc

Website: https://omdigital.cc