Terms of Service

These Terms of Service (hereinafter the "Terms") govern your access to and use of the website located at https://ottomato.ai (the "Site"), our Super-Intelligence voice agent named Otto (the "Voice Agent"), our electronic-mail newsletter titled The Builder's Report (the "Newsletter"), and any other service we operate (collectively, the "Services"). The Services are operated by Ottomato (hereinafter "Ottomato", "we", "us", or "our").

Ottomato also operates OttoPortal, a client portal available at https://portal.ottomato.net/ (the "OttoPortal"), for authorized clients to access engagement-related resources, communications, status information, and deliverables. OttoPortal is part of the Services when made available to you.

By accessing any Service, creating an Account, submitting a form, or speaking with the Voice Agent, you agree to be legally bound by these Terms. If you do not agree, do not use the Services.

If you are using the Services on behalf of an organization or other entity (hereinafter an "Organization"), you represent and warrant that you have the authority to bind that Organization to these Terms, in which case "you" and "your" refer to that Organization.

These Terms apply to every Service except where a signed Master Services Agreement (hereinafter an "MSA"), Statement of Work (hereinafter a "SOW" or "Statement of Work"), Data Processing Agreement, nondisclosure agreement, or other confidentiality agreement between you and Ottomato expressly supersedes them. In any such conflict, the signed agreement controls for the engagement it covers. Applications distributed by Ottomato are governed by their own individual terms of use as described in Section 3.5.

1. Definitions

For purposes of these Terms, the following capitalized terms have the meanings given below. Additional terms may be defined parenthetically on first use in the body of these Terms and carry that defined meaning throughout.

• "Account" means any account you create on a Service that requires authentication, including a Newsletter subscription.
• "American Arbitration Association" or "AAA" means the American Arbitration Association, the body that administers the arbitration referenced in Section 14.
• "Application" means any software application Ottomato builds, distributes, or otherwise operates through a custom engagement.
• "Super Intelligence" or "SI" means computational systems that perform tasks typically associated with human cognition, including language understanding, language generation, voice synthesis, and voice recognition. Super Intelligence is the term that United States federal agencies use under the Executive Order of September 29, 2026. It has the same meaning as "artificial intelligence" in 15 U.S.C. § 9401(3) and in other laws that use that term.
• "Client Content" means data, documents, media, code, or other material you provide to Ottomato in connection with a paid engagement.
• "Company Intellectual Property" or "Company IP" means all intellectual property Ottomato owns or licenses that is not Developed Intellectual Property, including the Site, Ottomato's methodologies, templates, libraries, and know-how.
• "Confidential Information" has the meaning given in Section 10.
• "Developed Intellectual Property" or "Developed IP" means configurations, prompts, workflows, and custom source code created by Ottomato exclusively for you as a "work made for hire" under a signed Statement of Work and delivered as a final deliverable.
• "Loyalty Rate" means a privately offered rate category for returning long-term Ottomato clients. Loyalty Rates are not published on the Site and are not available as of right.
• "Marketplace Engagement" means a discrete job, contract, or gig you start on a third-party marketplace platform through a Marketplace Profile.
• "Marketplace Listing Rate" means a public rate category displayed on a Marketplace Profile. A Marketplace Listing Rate is not an offer for an Ottomato custom engagement.
• "Marketplace Profile" means a public or semi-public seller, freelancer, or talent profile Ottomato or Ned Malki maintains on a third-party marketplace platform, including Upwork, Freelancer.com, Fiverr, Braintrust, and similar platforms.
• "Master Services Agreement" or "MSA" means a master services agreement signed by both parties that governs multiple engagements between you and Ottomato.
• "OttoPortal" means the client portal Ottomato operates at https://portal.ottomato.net/ for authorized client access to engagement-related resources, communications, status information, and deliverables.
• "Promotional Marketplace Rate" means a limited introductory rate category that may appear on a Marketplace Profile for a small number of short Marketplace Engagements. Promotional Marketplace Rates do not apply to Ottomato custom engagements or long-term work.
• "Standard Engagement Rate" means the privately scoped rate category for Ottomato custom engagements, retainers, and other work contracted through a Statement of Work. Standard Engagement Rates are not published on the Site.
• "Output" means content, data, or media generated by a Super-Intelligence model in the course of delivering a Service, including anything the Voice Agent says.
• "Services" has the meaning given in the introductory paragraph of these Terms.
• "Site" has the meaning given in the introductory paragraph of these Terms.
• "Statement of Work" or "SOW" means a document signed by both parties that describes the specific Services to be performed, deliverables, timelines, and fees for a particular engagement.
• "Third-Party Service" has the meaning given in Section 3.6.
• "United States" or "U.S." means the United States of America.
• "Voice Agent" has the meaning given in the introductory paragraph of these Terms.

2. Eligibility

The Services have the following minimum-age requirements:

• Free surfaces (Site, contact form, Newsletter): users must be at least thirteen (13) years of age, consistent with the Children's Online Privacy Protection Rule.
• Residents of the European Economic Area and the United Kingdom: users must be at least sixteen (16) years of age, consistent with Article 8 of the General Data Protection Regulation.
• Custom engagements: users must be at least eighteen (18) years of age and have legal contractual capacity in their jurisdiction.

By using any Service you represent and warrant that you meet the applicable minimum age.

The Services are not available to anyone previously barred by Ottomato, nor to any person or entity subject to applicable sanctions or export controls. By using the Services you represent and warrant that no such restriction applies to you.

3. Services

3.1 The website

The Site is an informational surface. You can read about what Ottomato does, follow the blog, subscribe to the Newsletter, submit an inquiry, and speak with the Voice Agent. Use of the Site does not create a contractual relationship beyond these Terms and our Privacy Policy. The Site does not process payments. Nothing is sold directly through the Site; any future direct-payment functionality will be accompanied by separate terms applicable to that functionality.

3.2 Voice Agent

The Voice Agent is a Super-Intelligence software agent. When you speak with the Voice Agent you are speaking with software, not a human being. The Voice Agent may ask qualifying questions, describe our Services, route your inquiry, and in some cases share a Google Calendar appointment link so you can book a follow-up with Ned Malki. The Voice Agent does not produce professional advice. If the matter is material to your business, follow up with a human from Ottomato before acting.

At or near the end of a Voice Agent conversation, you may ask Ottomato to send a transcript to an electronic-mail address you provide. By requesting the transcript, you consent to Ottomato sending that transcript to the address you provide. A transcript request does not subscribe you to The Builder's Report Newsletter. Newsletter signup is optional and requires a separate affirmative choice. Transcript delivery is provided as a convenience and may be unavailable during maintenance or if a Third-Party Service is unavailable.

Ottomato may use Super Intelligence to classify, prioritize, route, and summarize inquiries and to assist with responses. These functions support intake and communication. A Super-Intelligence suggestion is not by itself a contractual commitment. Any offer, quote, order acceptance, payment authorization, amendment, or other commitment follows the acceptance process that applies to the relevant Service, transaction, or signed agreement.

3.3 Custom engagements

Ottomato undertakes founder-led custom engagements. Scope, deliverables, timelines, and fees for each engagement are governed by a signed Statement of Work. These Terms apply in the background; the Statement of Work controls engagement-specific obligations. Rates are negotiated privately per engagement and are not published on the Site.

3.4 Newsletter

The Newsletter is an opt-in electronic-mail publication sent from Ottomato infrastructure. You may subscribe directly or through a separate Newsletter checkbox presented with another request. A request for a transcript, support, or other Service does not by itself subscribe you. You can unsubscribe from any Newsletter message using the unsubscribe link in that message.

3.5 Applications

Ottomato builds, distributes, and otherwise operates Applications through custom engagements. Each Application is governed by its own terms of use and privacy policy, provided with or within that Application. These Terms do not govern individual Applications. You are responsible for reviewing the terms of use and privacy policy of each Application before use.

3.6 Third-Party Services

The Services may interoperate with third-party services, platforms, or infrastructure providers (each a "Third-Party Service"). Your direct use of a Third-Party Service may be subject to that provider's terms, conditions, and privacy practices. Ottomato does not control the provider's independent policies, availability, performance, security, or pricing. This allocation does not limit Ottomato's obligations under applicable law or a signed agreement when Ottomato selects or uses a provider to deliver the Services. You are encouraged to review the terms and privacy notices of each Third-Party Service before engaging with it. A list of the key Third-Party Services Ottomato uses to deliver the Services is maintained in Section 5 of our Privacy Policy.

3.7 OttoPortal

OttoPortal is an authenticated client portal for clients and other users Ottomato authorizes. Access is invitation-only or otherwise limited by Ottomato's access controls. OttoPortal may be used to view engagement-related resources, submit information, coordinate work, communicate about a project, and access deliverables or support materials. Your access to any specific OttoPortal workspace, resource, or deliverable may also be governed by the applicable Master Services Agreement, Statement of Work, retainer agreement, or engagement letter.

You must not share OttoPortal credentials, login codes, access links, or session access with unauthorized persons. Ottomato may suspend or revoke OttoPortal access if an engagement ends, an invoice is overdue, access is no longer needed, a security risk exists, or continued access would violate these Terms or a signed agreement.

3.8 Marketplace Profiles

Ottomato and Ned Malki may maintain Marketplace Profiles on third-party marketplace platforms, including Upwork, Freelancer.com, Fiverr, Braintrust, and similar platforms. Those platforms are Third-Party Services. Ottomato does not operate them. Work you start on a marketplace platform is a Marketplace Engagement and remains subject to that platform's terms, fees, and dispute process.

A rate shown on a Marketplace Profile is a Marketplace Listing Rate or, where the listing says so, a Promotional Marketplace Rate. Finding a Marketplace Listing Rate or Promotional Marketplace Rate does not entitle you to that rate on an Ottomato custom engagement, retainer, or other long-term work. Long-term and custom work is contracted through Ottomato under a Statement of Work at a Standard Engagement Rate or, if privately offered, a Loyalty Rate.

Marketplace Engagements are typically smaller and separately scoped from Ottomato custom engagements. These Terms do not authorize you to move work that originated on a marketplace platform off that platform in order to avoid that platform's fees or terms. If a marketplace platform's terms conflict with these Terms for a Marketplace Engagement, that platform's terms control for the work you started there.

4. Account Security

You are responsible for maintaining the confidentiality of your credentials on any Service that requires authentication. You must notify us immediately at info@ottomato.ai of any suspected unauthorized access. You are responsible for all activity that occurs under your Account until Ottomato acknowledges a security report and locks the Account.

If you are granted access to OttoPortal on behalf of an Organization, you are responsible for limiting access to authorized personnel and promptly notifying Ottomato when a user no longer needs access.

5. Acceptable Use

You agree not to, and agree not to allow any third party to:

• Use the Services in violation of any law, regulation, or third-party right.
• Upload, transmit, or share content that is unlawful, defamatory, harassing, hateful, or infringes the intellectual property rights of others.
• Attempt to probe, scan, or test the vulnerability of any Service without Ottomato's prior written consent, or breach any security or authentication measure.
• Interfere with or disrupt the integrity or performance of the Services or any Third-Party Service with which the Services interoperate.
• Impersonate Ottomato, the Voice Agent, Ned Malki, or any other person.
• Use the Services to send unsolicited bulk communications, to mass-scrape content, or to build a competing product.
• Reverse engineer, decompile, or attempt to extract the source code of any Company Intellectual Property or Developed Intellectual Property, except to the extent expressly permitted by law.
• Use the Voice Agent to generate Output that violates applicable Super-Intelligence use policies, including those of any Third-Party Service through which the Services route requests.

6. User-Submitted Content

6.1 Client Content

You retain ownership of Client Content you provide to Ottomato. You grant Ottomato a limited, non-exclusive, worldwide, royalty-free license to use, copy, modify, and display that Client Content solely for the purpose of delivering the Services to you.

6.2 Feedback

If you send Ottomato feedback, ideas, or suggestions about the Services (hereinafter "Feedback"), you grant Ottomato an unrestricted, perpetual, irrevocable, royalty-free, worldwide license to use and incorporate that Feedback without any obligation or compensation to you.

6.3 Moderation

Ottomato may remove content and suspend Accounts at its sole discretion for violations of Section 5. Ottomato may preserve content where required by law.

6.4 Confidential and sensitive submissions

Ordinary inquiry channels, including website forms, the Voice Agent, electronic mail, support requests, and general portal messages, may pass through automated workflows and service providers. You may use those channels for ordinary contact details and a high-level description of your request. Do not submit passwords, access tokens, private keys, payment-card data, special-category or similarly sensitive personal data, or detailed Confidential Information through an ordinary inquiry channel unless Ottomato has confirmed that the channel and processing arrangements are appropriate for that material.

For a confidential matter, first contact info@ottomato.ai, or tell the Voice Agent only that you need a confidential exchange, and provide no more than your contact details and a brief request without confidential details. Ottomato will review any existing confidentiality obligations, arrange a mutual nondisclosure agreement when appropriate, confirm the necessary data-processing terms, and identify an approved channel before detailed information is shared. A nondisclosure agreement does not by itself authorize disclosure to a Super-Intelligence provider or make every channel appropriate. An accidental submission does not waive confidentiality, privacy, or other protections that apply under Section 10, applicable law, or a signed agreement. Contact Ottomato promptly so it can assess containment and deletion steps.

7. Intellectual Property

7.1 Company Intellectual Property

All Company Intellectual Property remains the exclusive property of Ottomato. No ownership rights in Company Intellectual Property are transferred to you under these Terms. This includes content Ottomato shares on the blog and in the Newsletter, and any code, prompts, or methodology Ottomato uses across engagements.

7.2 Third-Party Intellectual Property

Third-Party Services are owned by their respective providers. These Terms grant you no rights to the intellectual property of any Third-Party Service.

7.3 Developed Intellectual Property

Upon your full and final payment for the Services rendered under a specific Statement of Work, Ottomato assigns to you all right, title, and interest in the Developed Intellectual Property created exclusively for you as part of that Statement of Work. Developed Intellectual Property does not include Company Intellectual Property that Ottomato licenses into your deliverable.

7.4 License to incorporated Company Intellectual Property

To the extent Company Intellectual Property is incorporated into a final deliverable provided to you, Ottomato grants you a perpetual, non-exclusive, non-transferable, royalty-free license to use that Company Intellectual Property solely as an integrated part of the deliverable for your internal business purposes.

7.5 Super-Intelligence-generated Output

Super-Intelligence-generated Output may not be unique. Other users of the same Super-Intelligence models may receive similar or identical Output. To the extent permitted by law, you own the specific Output generated for you. Ottomato makes no representation or warranty as to the originality, uniqueness, or non-infringement of any Output.

8. Fees and Refunds

8.1 Rates

Rates for custom engagements, retainers, consulting, and training are not published on the Site. They are negotiated privately and stated in a signed Statement of Work or engagement letter.

Ottomato uses rate categories, not public dollar amounts:

• Marketplace Listing Rate: a public rate category shown on a Marketplace Profile.
• Promotional Marketplace Rate: a limited introductory rate category that may apply only to a small number of short Marketplace Engagements on that marketplace.
• Standard Engagement Rate: the privately scoped rate category for Ottomato custom engagements and long-term work under a Statement of Work.
• Loyalty Rate: a privately offered rate category for returning long-term Ottomato clients.

A Marketplace Listing Rate or Promotional Marketplace Rate is not an offer for a Standard Engagement Rate or Loyalty Rate. Promotional Marketplace Rates, where used, are limited in number and duration as stated on the Marketplace Profile. Ottomato does not publish dollar amounts for any of these categories on the Site.

8.2 No refunds

Deposits on custom engagements are non-refundable from day one. Fees paid for completed work are non-refundable.

Initiating a payment chargeback without first contacting info@ottomato.ai may result in Account termination and a ban from future Services.

8.3 Late payments

Overdue invoices accrue interest at one and one-half percent (1.5%) per month, or the maximum rate permitted by law, whichever is lower. Ottomato may suspend Services, including access to deliverables and ongoing retainer work, for accounts with overdue balances.

8.4 Taxes

You are responsible for all applicable federal, state, and local taxes, duties, and levies associated with your purchase of the Services, excluding taxes based on Ottomato's net income.

9. Termination and Suspension

Either party may terminate these Terms, or a Statement of Work or retainer agreement, for cause if the other party commits a material breach and fails to cure it within thirty (30) days of written notice. Non-payment of undisputed fees is a material breach by you.

Ottomato may immediately suspend or terminate your access to any Service, without prior notice, if you violate Section 5, if required by law, if a change in a Third-Party Service prevents Ottomato from operating the affected Service, or in response to a security incident.

On termination you must pay all outstanding fees for Services rendered to that date. Sections that by their nature should survive termination survive, including ownership provisions, warranty disclaimers, confidentiality obligations, indemnity, and limitations of liability.

10. Confidentiality

Each party (hereinafter the "Receiving Party") agrees to protect the "Confidential Information" of the other party (hereinafter the "Disclosing Party") using at least the same degree of care that it uses to protect its own Confidential Information, and no less than a reasonable degree of care. Confidential Information excludes information that is publicly known through no fault of the Receiving Party, was lawfully in the Receiving Party's possession before disclosure, is lawfully disclosed to the Receiving Party by a third party without restriction, or is independently developed without use of the Disclosing Party's Confidential Information. Confidentiality obligations survive termination for five (5) years, and indefinitely for trade secrets.

11. Disclaimers

11.1. Ottomato warrants that it will perform the Services in a professional and workmanlike manner consistent with industry standards.

11.2. EXCEPT FOR THE EXPRESS WARRANTY IN SECTION 11.1, THE SERVICES, DELIVERABLES, AND ALL SUPER-INTELLIGENCE-GENERATED OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE." OTTOMATO EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT.

11.3. SUPER-INTELLIGENCE OUTPUT DISCLAIMER. OTTOMATO MAKES NO WARRANTY REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, LEGALITY, OR SUITABILITY OF ANY SUPER-INTELLIGENCE-GENERATED OUTPUT. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING, VALIDATING, AND TESTING ALL OUTPUTS BEFORE ANY USE. YOU ASSUME ALL RISKS ASSOCIATED WITH THE USE OF SUPER-INTELLIGENCE-GENERATED CONTENT, INCLUDING INACCURACIES, ERRORS, OMISSIONS, AND POTENTIAL INFRINGEMENT OF THIRD-PARTY RIGHTS.

11.4. THIRD-PARTY SERVICE DISCLAIMER. OTTOMATO DOES NOT WARRANT THE INDEPENDENT PERFORMANCE, AVAILABILITY, SECURITY, OR FUNCTIONALITY OF ANY THIRD-PARTY SERVICE. THIS DISCLAIMER DOES NOT EXCLUDE OTTOMATO'S RESPONSIBILITIES UNDER APPLICABLE LAW OR A SIGNED AGREEMENT FOR ITS SELECTION, CONFIGURATION, OR USE OF A THIRD-PARTY SERVICE.

12. Limitation of Liability

12.1 EXCLUSION OF INDIRECT DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OTTOMATO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 DIRECT DAMAGES CAP. THE TOTAL AGGREGATE LIABILITY OF OTTOMATO ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED UNITED STATES DOLLARS ($100) OR (B) THE TOTAL AMOUNT OF FEES PAID BY YOU TO OTTOMATO FOR THE SPECIFIC SERVICE OR STATEMENT OF WORK GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12.3 Essential basis of the bargain. You acknowledge that the limitations of liability and the disclaimers of warranties set forth in Sections 11 and 12 are an essential basis of the bargain between the parties and that the pricing of the Services reflects this allocation of risk. Without these limitations and disclaimers, the terms of these Terms, including the prices charged for the Services, would be substantially different.

13. Indemnification

13.1 Your indemnity. You agree to indemnify, defend, and hold harmless Ottomato, its affiliates, officers, agents, and employees from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or connected with (a) your access to or use of the Services, (b) your Client Content, (c) your violation of these Terms, or (d) any claim that your use of a deliverable in violation of these Terms infringes or misappropriates a third party's intellectual property rights.

13.2 Our indemnity. Ottomato agrees to indemnify, defend, and hold you harmless from any third-party claim alleging that the Developed Intellectual Property, as delivered by Ottomato to you, directly infringes a valid United States copyright or trademark.

13.3 Exclusions. Ottomato's indemnity in Section 13.2 does not extend to claims arising from (a) your modification of the Developed Intellectual Property, (b) your use of the Developed Intellectual Property in combination with any product or service not provided by Ottomato, (c) your Client Content, (d) any Super-Intelligence-generated Output, or (e) any underlying Third-Party Service.

13.4 Procedure. The party seeking indemnification must provide prompt written notice of the claim and cooperate with the indemnifying party in defense. The indemnifying party has sole control over defense and settlement.

14. Governing Law and Disputes

14.1 Governing law. These Terms and any dispute arising out of them are governed by the laws of the State of Wyoming, United States, without regard to conflict-of-law principles.

14.2 Good-faith negotiation. The parties will first attempt to resolve any dispute through good-faith negotiation for at least thirty (30) days.

14.3 Binding arbitration. If a dispute is not resolved through negotiation, it will be submitted to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The seat of arbitration is Cheyenne, Wyoming. Judgment on the award may be entered in any court having jurisdiction.

14.4 Carveout for non-arbitrable claims. Either party may bring an individual claim in small-claims court instead of arbitration where the claim qualifies. Nothing in this Section 14 waives any non-arbitrable right under applicable law, including the right to pursue a claim of sexual harassment or sexual assault in a judicial forum where required by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (Public Law 117-90).

14.5 Class-action waiver. All disputes are brought on an individual basis. You and Ottomato each waive the right to participate in a class action or consolidated proceeding.

15. General

15.1 Force majeure. Neither party is liable for delays or failures in performance due to events beyond its reasonable control.

15.2 Entire agreement. Subject to the signed-agreement precedence in the introductory section of these Terms, these Terms, together with our Privacy Policy and each applicable signed Master Services Agreement, Statement of Work, Data Processing Agreement, nondisclosure agreement, or other confidentiality agreement, constitute the agreement between you and Ottomato regarding the Services they cover. Nothing in this Section supersedes an applicable signed agreement except as that agreement expressly provides.

15.3 Severability. If any provision is held unenforceable, it will be limited or eliminated to the minimum extent necessary so the remaining Terms remain in full force.

15.4 No waiver. Ottomato's failure to enforce any right or provision is not a waiver of that right.

15.5 Assignment. You may not assign or transfer these Terms without Ottomato's prior written consent. Ottomato may freely assign or transfer them.

15.6 Notices. Legal notices to Ottomato must be sent to info@ottomato.ai. Ottomato will send notices to the electronic-mail address associated with your Account or, for non-Account users, the electronic-mail address you most recently provided to Ottomato.

15.7 Changes. Ottomato may modify these Terms at any time. Material changes will be announced through the Service or by electronic mail to your Account address. Your continued use of the Services after notice constitutes acceptance of the modified Terms.

16. Contact

Ottomato. All inquiries: info@ottomato.ai.