Terms of Service

Effective Date: 25/08/2025
Last Revised: 25/08/2025

1. Agreement and Acceptance

By accessing, registering for, or using Ocho's services ("Service"), you ("User," "you," or "your") enter into a binding legal agreement with Ocho ("Company," "we," "us," or "our") and agree to be bound by these Terms of Service ("Agreement" or "Terms").

2. Service Description

Ocho operates a Software-as-a-Service (SaaS) platform providing comprehensive AI-powered marketing automation solutions, including:

  • Influencer Discovery Platform: AI-powered search engine enabling influencer discovery through contextual text prompts, image-based queries, and advanced filtering parameters
  • Customer Relationship Management (CRM) System: Comprehensive influencer profile management, campaign coordination, and relationship tracking capabilities
  • Email Marketing Automation: Automated email campaign workflows with Gmail and third-party email service provider integrations
  • Social Media Analytics: Post performance tracking and analytics through proprietary web crawling technology and API integrations
  • Marketing Intelligence Tools: Workflow optimization, campaign analytics, and performance reporting systems

3. User Obligations and Compliance Requirements

3.1 Account Responsibilities

Users shall:

  • Provide accurate, current, and complete registration information and promptly update account details
  • Maintain strict confidentiality of account credentials, API keys, and authentication information
  • Immediately notify Company of any unauthorized access or security breaches
  • Ensure compliance with all applicable laws, regulations, and industry standards

3.2 Regulatory Compliance

Users must comply with:

  • Anti-spam legislation including CAN-SPAM Act, GDPR Article 21, Korean Information and Communications Network Act, and applicable data protection laws
  • Intellectual property rights of third parties, including image copyrights and content licensing
  • Platform-specific terms of service for integrated social media and email services
  • Advertising standards and disclosure requirements for influencer marketing campaigns under Korean Fair Trade Commission guidelines

3.3 Prohibited Activities

Users are expressly prohibited from:

  • Engaging in fraudulent, deceptive, or unlawful marketing practices
  • Transmitting unsolicited commercial communications, spam, or bulk messaging
  • Uploading copyrighted images without proper authorization or fair use justification
  • Attempting unauthorized system access, reverse engineering, or data extraction
  • Using the Service for harassment, defamation, or violation of privacy rights
  • Circumventing technical limitations, rate limits, or access controls

3.4 Content and Data Responsibility

Users acknowledge and agree that:

  • Company bears no responsibility for email deliverability issues, spam classification, or blacklisting by email service providers
  • Users assume full liability for content accuracy, legal compliance, and third-party rights violations
  • Image uploads must comply with copyright laws and platform guidelines
  • Search queries and prompts must not violate applicable laws or ethical standards

4. Third-Party Integrations and External Services

4.1 Integration Scope

The Service interfaces with various third-party platforms including:

  • Gmail and email service providers for campaign delivery and automation
  • Social media platforms through API access and web crawling technology
  • Payment processors and billing systems for subscription management
  • Cloud storage and content delivery networks for service infrastructure

4.2 Service Availability and Limitations

  • Social media tracking and influencer discovery services may be suspended or terminated without prior notice due to:
    • Technical constraints or platform API limitations
    • Cost considerations or resource allocation decisions
    • Third-party platform policy changes or access restrictions
    • Legal compliance requirements or cease-and-desist orders

4.3 Third-Party Disclaimer

Company explicitly disclaims liability for:

  • Service interruptions, data inaccuracies, or functionality limitations of integrated platforms
  • Changes to third-party APIs, terms of service, or data access policies
  • Content removal, account suspensions, or policy violations on external platforms
  • Data loss or corruption occurring within third-party systems

5. Intellectual Property and Data Rights

5.1 User Content Ownership

  • Users retain ownership rights to all original content, data, and materials submitted to the Service
  • Users grant Company a worldwide, non-exclusive, transferable license to use, process, and analyze submitted content for service delivery and improvement

5.2 Company Intellectual Property

  • All proprietary technology, algorithms, software code, and AI models remain the exclusive property of Company
  • Users receive a limited, non-transferable license to access and use the Service during the subscription period
  • Reverse engineering, decompilation, or unauthorized copying of Company technology is strictly prohibited

5.3 Data Processing and Machine Learning

Company is authorized to:

  • Access, analyze, and process all User data for service delivery, technical support, and security monitoring
  • Utilize User data, including search queries, uploaded images, influencer profiles, and interaction patterns, for:
    • Machine learning model training and AI algorithm enhancement
    • Research initiatives and product development activities
    • Service optimization and performance improvement projects
    • Creation of anonymized datasets and industry benchmarking reports

6. Financial Terms and Billing

6.1 Subscription Structure

  • Subscription fees are charged in advance according to the selected service tier and billing cycle
  • All fees are stated in US Dollars and exclude applicable taxes, duties, and governmental charges
  • Users are responsible for all taxes and fees associated with their account usage

6.2 Payment Processing

  • Payment information must be current and accurate at all times
  • Automatic renewal applies unless cancellation is processed prior to the billing cycle
  • Failed payments may result in immediate service suspension and account limitations

6.3 Fee Modifications

  • Company reserves the right to modify subscription pricing and fee structures
  • Existing subscribers will receive thirty (30) days written notice of material pricing changes
  • Additional fees may be assessed for:
    • Premium influencer discovery features and advanced search capabilities
    • Extended social media monitoring and enhanced analytics packages
    • High-volume usage exceeding standard plan limitations
    • Custom integrations and enterprise-level support services

6.4 Refund Policy

All payments are non-refundable except:

  • Where required by applicable consumer protection laws
  • In cases of documented service failures or material breach by Company
  • During the initial 14-day trial period for new subscribers (if applicable)

7. Service Management and Operational Rights

7.1 Service Modifications

Company reserves the right to:

  • Modify, enhance, or discontinue Service features upon reasonable notice
  • Implement usage limits, rate restrictions, or access controls
  • Update AI algorithms, search parameters, and data processing methodologies
  • Migrate infrastructure, change service providers, or modify technical architecture

7.2 Account Management

Company may, in its sole discretion:

  • Suspend or terminate accounts for Terms violations, non-payment, or suspicious activity
  • Restrict access to specific features or functionalities based on subscription tier
  • Implement additional security measures or authentication requirements
  • Monitor usage patterns for compliance and security purposes

7.3 Emergency Actions

Company may take immediate action without notice to:

  • Address security vulnerabilities or system compromises
  • Comply with legal obligations or law enforcement requests
  • Prevent abuse, fraud, or violation of third-party rights
  • Maintain system stability and protect other Users

8. Disclaimers and Limitation of Liability

8.1 Service Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS:

  • Warranties of merchantability, fitness for particular purpose, or non-infringement
  • Guarantees of uninterrupted service, error-free operation, or data accuracy
  • Responsibility for third-party content, services, or platform availability
  • Liability for AI-generated recommendations, search results, or automated decisions

8.2 Limitation of Liability

COMPANY'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY USER IN THE TWELVE (12) MONTHS PRECEDING ANY CLAIM. COMPANY SHALL NOT BE LIABLE FOR:

  • Indirect, incidental, consequential, punitive, or exemplary damages
  • Business interruption, lost profits, or opportunity costs
  • Data loss, corruption, or unauthorized access occurring outside Company's control
  • Third-party claims arising from User's violation of applicable laws or third-party rights

8.3 Force Majeure

Company is not liable for performance delays or failures due to circumstances beyond reasonable control, including natural disasters, government actions, cyber attacks, or third-party service failures.

9. Account Termination and Data Handling

9.1 Termination Rights

  • Either party may terminate this Agreement at any time with or without cause
  • Company may immediately terminate accounts for material breaches, non-payment, or legal violations
  • Users may cancel subscriptions through account settings or customer support

9.2 Effect of Termination

Upon termination:

  • User access to the Service ceases immediately
  • Outstanding fees remain due and payable
  • Users have thirty (30) days to export data before permanent deletion
  • Company may retain anonymized data for research and development purposes

9.3 Data Export and Deletion

  • Users may export CRM data, search history, and campaign information in standard formats
  • Personal data will be deleted within thirty (30) days following account termination
  • Aggregated and anonymized data may be retained indefinitely for analytical purposes
  • Legal or regulatory requirements may necessitate longer retention periods

10. Modifications and Updates

10.1 Terms Amendments

Company may modify these Terms at any time. Material changes will be communicated via:

  • Email notification to the primary account holder
  • In-app notifications and dashboard announcements
  • Posted updates on the Company website

10.2 Notice Period

Material changes require thirty (30) days advance notice. Continued Service usage following the notice period constitutes acceptance of modified Terms.

11. Legal and Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Korea, without regard to conflict of law principles.

11.2 Dispute Resolution

All disputes arising from or relating to these Terms shall be resolved through:

  • Good faith negotiation between the parties
  • Binding arbitration under the rules of the Korean Commercial Arbitration Board (KCAB)
  • Exclusive jurisdiction of courts in Seoul, Republic of Korea for non-arbitrable matters

11.3 Class Action Waiver

Users waive the right to participate in class action lawsuits or collective proceedings, to the extent permitted under Korean law and consumer protection regulations.

12. General Provisions

12.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable addenda, constitute the complete agreement between the parties regarding the Service.

12.2 Severability

If any provision is deemed unenforceable, the remaining provisions shall remain in full force and effect, and the unenforceable provision shall be modified to achieve the intended economic effect.

12.3 Assignment

Users may not assign rights under these Terms without Company's prior written consent. Company may freely assign its rights and obligations.

12.4 Waiver

Company's failure to enforce any provision does not constitute a waiver of such provision or any other rights.

13. Contact Information

For legal inquiries and official correspondence:

  • Legal Department: cs@ocho.team
  • Customer Support: cs@ocho.team
  • Privacy Officer: cs@ocho.team

By accessing or using Ocho's services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service and our Privacy Policy, both of which are incorporated herein by reference.