Terms of Service

Effective Date: February 3, 2026 Last Updated: February 3, 2026

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you” or “User”) and Otter Mate Inc. (“OtterMate,” “we,” “us,” or “our”), a Texas corporation, governing your access to and use of the OtterMate platform, including our website at ottermate.ai, mobile applications, and all related services (collectively, the “Service”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICE.

By creating an account, accessing, or using our Service, you agree to be bound by these Terms, our Privacy Policy, Acceptable Use Policy, and all other policies incorporated by reference. If you do not agree to these Terms, you must not access or use our Service.

If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms, and “you” refers to both you individually and that organization.

2. Eligibility

To use our Service, you must:

Be at least 18 years of age. Our Service is designed for business and professional use and is not intended for minors.
Have the legal capacity to enter into binding contracts.
Not be prohibited from using the Service under applicable laws.
Have authority to connect and manage the social media accounts you integrate with our Service.

By using our Service, you represent and warrant that you meet all eligibility requirements.

3. Description of Service

OtterMate is a social media automation platform that helps businesses and professionals manage their social media presence. Our Service includes:

Context Building: Analyzing your business website to understand your brand, products, and services
Strategy Generation: Using AI to create customized marketing strategies
Content Generation: AI-powered creation of social media posts, captions, and hashtags
Scheduling and Posting: Automated publishing to connected social media platforms
Engagement Management: Automated and suggested responses to comments and messages
Analytics: Tracking post performance and engagement metrics

Our Service integrates with third-party social media platforms including Facebook, Instagram, LinkedIn, YouTube, TikTok, Pinterest, and Bluesky. Your use of these platforms is subject to their respective terms of service.

4. Account Registration and Security

4.1 Account Creation

To use our Service, you must create an account by providing accurate, complete, and current information. You agree to:

Provide truthful registration information
Maintain and promptly update your account information
Keep your password secure and confidential
Notify us immediately of any unauthorized access to your account
Accept responsibility for all activities that occur under your account

4.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials. We recommend:

Using a strong, unique password
Enabling two-factor authentication when available
Not sharing your account credentials with others
Logging out from shared devices

4.3 OAuth Connections

When you connect social media accounts via OAuth:

You authorize us to access and perform actions on those accounts on your behalf
You can disconnect accounts at any time through your account settings
Disconnecting an account does not delete historical data already collected (see our Data Deletion Policy)

5. Subscription Plans and Payment

5.1 Subscription Plans

We offer various subscription plans with different features and usage limits. Current plan details and pricing are available on our website. We reserve the right to modify pricing and plan features with 30 days’ notice.

5.2 Billing and Payment

Payment Method: Payments are processed through Stripe, Inc. By providing payment information, you authorize us to charge your payment method for the applicable fees.
Billing Cycle: Subscriptions are billed in advance on a monthly or annual basis, depending on your selected plan.
Automatic Renewal: Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date.
Taxes: Prices exclude applicable taxes, which will be added to your invoice as required by law.

5.3 Usage-Based Charges

Certain features may incur usage-based charges, including:

API calls exceeding plan limits
AI token usage beyond included allowances
Premium features or add-ons

You will be notified when approaching usage limits and may set spending caps in your account settings. Overage charges will be billed at the end of each billing cycle.

5.4 Refunds and Cancellation

Monthly Plans: You may cancel at any time. Your subscription remains active until the end of the current billing period. No refunds are provided for partial months.
Annual Plans: You may cancel at any time. Refunds for annual plans are provided on a pro-rata basis for unused full months remaining, minus a 10% early termination fee, subject to a minimum of 6 months paid.
Chargebacks: If you initiate a chargeback or payment dispute without first contacting us, we reserve the right to suspend your account and pursue collection of all amounts owed.

5.5 Free Trials

If we offer a free trial:

You may be required to provide payment information
You will be charged automatically when the trial ends unless you cancel
Each user is entitled to only one free trial
We reserve the right to limit or modify trial offers

6. User Content and Conduct

6.1 Your Content

“Your Content” means all content you provide, upload, submit, or create through our Service, including:

Business information and website content you provide for analysis
Social media posts you create, edit, or approve
Images, videos, and other media you upload
Comments, messages, and responses you approve

You retain ownership of Your Content. By using our Service, you grant us a limited license to use Your Content solely to provide and improve our Service.

6.2 Content License to OtterMate

You grant OtterMate a non-exclusive, worldwide, royalty-free, sublicensable license to:

Store, process, and display Your Content to provide the Service
Analyze Your Content to generate strategies and suggestions
Transmit Your Content to connected social media platforms on your behalf
Use anonymized, aggregated data derived from Your Content for analytics and Service improvement

This license ends when you delete Your Content or your account, except for content already shared on third-party platforms and anonymized aggregate data.

6.3 Content Responsibility

You are solely responsible for Your Content, including:

Ensuring you have the right to use and share all content
Compliance with applicable laws and platform terms
Accuracy of information in your posts
Content posted automatically through our Service

While we provide AI-generated suggestions, you are required to review and approve content before it is posted. Automated posting of approved content does not transfer responsibility to OtterMate.

For automated comment responses:

Positive comments may be auto-replied using approved response templates
Neutral and negative comments require your explicit approval before response
You can disable automated responses at any time

6.4 Prohibited Content

You may not use our Service to create, store, or distribute content that:

Is illegal, harmful, threatening, abusive, harassing, defamatory, or obscene
Infringes on intellectual property rights of others
Contains malware, viruses, or harmful code
Is deceptive, fraudulent, or misleading
Violates the terms of connected social media platforms
Constitutes spam or unsolicited advertising
Contains personal information of others without consent
Promotes discrimination, hatred, or violence against individuals or groups

See our Acceptable Use Policy for complete guidelines.

7. AI-Generated Content

7.1 Nature of AI Content

Our Service uses artificial intelligence to generate content suggestions, including:

Social media post captions and text
Hashtag recommendations
Marketing strategies
Response suggestions

AI-generated content is provided as suggestions only. You maintain full control over what content is published.

7.2 Ownership of AI-Generated Content

You own the AI-generated content created through your use of our Service, subject to the following:

You must review and approve AI-generated content before use
OtterMate retains no ownership rights to content you approve and publish
Content created using your business context belongs to you
You grant OtterMate a license to use your approved content as described in Section 6.2

7.3 No Guarantee of Accuracy

AI-generated content:

May contain errors, inaccuracies, or inappropriate material
Should be reviewed before posting
Is not guaranteed to achieve any particular business results
May need editing to match your brand voice

You are responsible for reviewing all AI-generated content before it is published.

7.4 AI Provider Terms

AI features are powered by third-party providers (Anthropic, Google, OpenAI). Your use of AI features is subject to their acceptable use policies. We may refuse to process content that violates these policies.

8. Third-Party Platforms

When you connect social media accounts, you must comply with each platform’s terms of service:

8.2 Platform Limitations

Platform APIs may change, limiting or disabling features
Platforms may reject, remove, or restrict content
Platform outages may prevent scheduled posting
We are not responsible for platform actions or policy changes

8.3 TikTok Notice

Due to TikTok’s policies, each post to TikTok requires your manual approval in the TikTok app before publishing. OtterMate prepares the content, but final posting requires your action within TikTok.

9. Intellectual Property

9.1 OtterMate Property

The Service, including its original content, features, functionality, software, and design, is owned by Otter Mate Inc. and protected by copyright, trademark, and other intellectual property laws.

“OtterMate,” “Otter Mate,” our logo, and other marks are trademarks of Otter Mate Inc. You may not use our trademarks without prior written permission.

9.2 Feedback

If you provide suggestions, ideas, or feedback about our Service (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate that Feedback into our Service without compensation or attribution to you.

9.3 DMCA and Copyright

We respect intellectual property rights. If you believe content on our Service infringes your copyright, see our DMCA Policy for reporting procedures.

User Responsibility: You are responsible for ensuring content posted through your account does not infringe third-party rights. We will cooperate with valid takedown requests but are not responsible for content you create or approve.

10. Disclaimers

10.1 “As Is” Service

THE SERVICE IS 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
NON-INFRINGEMENT
ACCURACY OR RELIABILITY OF CONTENT
UNINTERRUPTED OR ERROR-FREE OPERATION

10.2 No Guarantee of Results

We do not guarantee that:

The Service will meet your specific requirements
AI-generated content will be accurate, appropriate, or effective
Social media posts will achieve any particular engagement or business results
The Service will be available at all times
Third-party platforms will not change their policies or APIs

10.3 Third-Party Content

We are not responsible for:

Content on connected social media platforms
Actions of third-party platforms
Content or accuracy of AI providers’ outputs
Third-party services integrated with our platform

10.4 Service Availability

While we target 99.5% uptime, we do not guarantee uninterrupted availability. The Service may be temporarily unavailable due to:

Scheduled maintenance (with advance notice when possible)
Unscheduled maintenance or repairs
Third-party platform outages
Circumstances beyond our reasonable control

11. Limitation of Liability

11.1 Limitation on Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OTTER MATE INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR:

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL
COST OF PROCUREMENT OF SUBSTITUTE SERVICES
ANY DAMAGES ARISING FROM YOUR USE OF THE SERVICE

REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Cap on Liability

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF:

THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR
ONE HUNDRED DOLLARS ($100)

11.3 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

11.4 Basis of the Bargain

THE LIMITATIONS IN THIS SECTION REFLECT THE ALLOCATION OF RISK BETWEEN YOU AND OTTERMATE AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. OTTERMATE WOULD NOT PROVIDE THE SERVICE WITHOUT THESE LIMITATIONS.

12. Indemnification

12.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless Otter Mate Inc. and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:

Your use of the Service
Your Content, including content posted through your account
Your violation of these Terms
Your violation of any third-party rights, including intellectual property rights
Your violation of applicable laws or regulations
Your violation of third-party platform terms of service
Any dispute between you and a third party related to your use of the Service

12.2 Indemnification Procedure

We will:

Provide you with prompt written notice of any claim
Allow you to control the defense and settlement (provided you do not admit liability on our behalf without consent)
Cooperate with your reasonable requests in the defense

We reserve the right, at our own expense, to assume exclusive defense of any matter subject to indemnification.

13. Termination

13.1 Termination by You

You may terminate your account at any time by:

Using the account deletion feature in your settings, or
Contacting us at c.bowden@ottermate.ai

Upon termination:

Your right to use the Service ends immediately
Scheduled posts will not be published (unless already in queue)
Your data will be handled according to our Data Deletion Policy

13.2 Termination by OtterMate

We may suspend or terminate your account immediately, without prior notice, if you:

Violate these Terms or any of our policies
Violate applicable laws or third-party platform terms
Engage in fraudulent, abusive, or illegal activity
Fail to pay applicable fees
Create risk or legal exposure for OtterMate
Have not used your account for 12 or more months

We may also discontinue the Service entirely with 30 days’ notice.

13.3 Effect of Termination

Upon termination:

All licenses granted to you under these Terms terminate
You must cease using the Service
We may delete your data (subject to legal retention requirements)
Sections 6.2 (license for content already shared), 9, 10, 11, 12, 14, 15, and 16 survive termination

13.4 No Refund Upon Termination for Cause

If we terminate your account for violation of these Terms, you are not entitled to any refund.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating formal dispute resolution, you agree to contact us at c.bowden@ottermate.ai to attempt to resolve the dispute informally. We will attempt to resolve disputes through good faith negotiation for at least 30 days.

14.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

If informal resolution fails, you and OtterMate agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (“Dispute”) will be resolved exclusively through binding individual arbitration, rather than in court, except:

Either party may seek injunctive relief in court for intellectual property infringement
Either party may bring claims in small claims court if eligible

Arbitration Rules:

Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules
Arbitration will take place in Harris County, Texas, or another mutually agreed location
The arbitrator’s decision will be final and binding
Judgment on the arbitration award may be entered in any court of competent jurisdiction

Costs:

Each party pays their own attorneys’ fees unless the arbitrator determines otherwise
Arbitration fees will be shared equally, except that OtterMate will pay your share of filing fees for claims under $10,000

14.3 Class Action Waiver

YOU AND OTTERMATE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.

14.4 Opt-Out

You may opt out of the arbitration and class action waiver provisions by sending written notice to c.bowden@ottermate.ai within 30 days of first accepting these Terms. Your notice must include your name, address, email, and a clear statement that you wish to opt out.

14.5 Severability

If any part of this Section 14 is found unenforceable, the remainder will continue to apply. If the class action waiver is found unenforceable, the entire arbitration agreement will be void.

15. Governing Law and Jurisdiction

15.1 Governing Law

These Terms and any Dispute will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

15.2 Jurisdiction

For any claims not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Harris County, Texas.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, Acceptable Use Policy, and other policies referenced herein, constitute the entire agreement between you and OtterMate regarding the Service and supersede all prior agreements.

16.2 Modifications

We may modify these Terms at any time. We will provide at least 30 days’ notice of material changes by email and/or prominent notice in the Service. Your continued use of the Service after the effective date constitutes acceptance. If you do not agree, you must stop using the Service.

16.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it later.

16.4 Severability

If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full effect.

16.5 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations without restriction.

16.6 No Agency

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and OtterMate.

16.7 Notices

We may provide notices to you by email, in-app notification, or posting on our website. Notices to us should be sent to:

Otter Mate Inc. Attn: Legal 27650 MESABE Drive Magnolia, Texas 77354 Email: c.bowden@ottermate.ai

16.8 Force Majeure

We are not liable for any failure or delay caused by circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, government actions, pandemics, or internet/telecommunications failures.

17. Contact Information

If you have questions about these Terms, please contact us:

Otter Mate Inc. 27650 MESABE Drive Magnolia, Texas 77354 United States

Email: c.bowden@ottermate.ai

Document Version: 1.0 Approved By: Chandler Bowden Next Review Date: February 3, 2027

Questions? Email support@ottermate.ai.

← Back to home