Terms & Conditions
Otty AI is operated by Otty AI (legal business name). These Terms of Service govern your use of the Otty AI platform available at ottyai.framer.website.
Acceptance of Terms
By accessing or using Otty AI, you agree to be bound by these Terms of Service. If you do not agree to these Terms, do not use the service.
Use of Service
You agree to use Otty AI only for lawful purposes and in accordance with these Terms. You are responsible for maintaining the confidentiality of your account, login credentials, and any activity that occurs under your account.Performance-Based Billing
Otty AI operates on a performance-based billing model, where you are charged 10% of the revenue directly generated by Otty AI during each billing period.
Billing occurs after the performance period ends.
Because charges apply only after revenue is generated, all fees are final and non-refundable.
You authorize Otty AI to calculate revenue attributable to the service using standard ecommerce attribution methods, including but not limited to last-click, first-click, UTM tracking, coupon usage, and platform reporting.
Replace your current Section 3 and 3.1 with the following text.
Performance-Based Billing & Pricing
3.1 Overview. Otty AI operates on a performance-based pricing model. You will pay Otty AI a fee equal to ten percent (10%) of the Attributable Revenue (the “Performance Fee”) generated by Otty AI on your behalf during each Billing Period. Otty AI does not charge any setup fee, subscription fee, retainer, or any other amount in advance of performance — all charges are assessed only after revenue has been generated and measured.
3.2 Definitions.
Billing Period: the recurring period for which performance is measured and charged (e.g., monthly), as described on the Pricing Page or otherwise agreed in writing.
Revenue: gross receipts actually received by you from your customers that are attributable to actions, messages, or campaigns that Otty AI executed or enabled. Revenue does not include taxes collected from customers, refunds, chargebacks, amounts forfeited under coupon or gift card redemptions where the net effect is zero revenue, or payments that are later reversed or refunded.
Attributable Revenue: Revenue that Otty AI reasonably attributes to the Service using standard e-commerce attribution methods, which may include but are not limited to last-click, first-click, UTM tracking, coupon usage, platform reports, order metadata, and any direct mapping between messages/campaigns sent by Otty AI and resulting orders. Otty AI will apply attribution methods consistently and will document the method used for each Billing Period upon request.
3.3 Calculation and Rate. The Performance Fee is 10% (ten percent) of Attributable Revenue for the Billing Period. For clarity, if Attributable Revenue for a Billing Period is five thousand dollars ($5,000.00), the Performance Fee is calculated as follows:
Step 1: Attributable Revenue = $5,000.00
Step 2: Performance Fee rate = 10% = 0.10
Step 3: Performance Fee = $5,000.00 × 0.10 = $500.00.
3.4 Billing, Invoicing, and Payment Timing.
(a) No Advance Charges. Otty AI will not charge any fees in advance. Charges are assessed after the end of each Billing Period once performance has been measured.
(b) Invoice / Charge Timing. Within [five (5)] business days after the end of a Billing Period, Otty AI will prepare an invoice or authorization for the Performance Fee and will submit it for payment via the payment processor identified on the Pricing Page (for example, Paddle) or another payment method you have authorized. The invoice will state the Billing Period, Attributable Revenue, Performance Fee, and the attribution method used.
(c) Automatic Collection. By using the Service and providing payment details, you authorize Otty AI (or Otty AI’s payment processor) to automatically collect the Performance Fee when due. If automatic collection fails, Otty AI may attempt to collect by other lawful means and may suspend or terminate the Service in accordance with Section 7.
3.5 Taxes. All amounts payable under these Terms are exclusive of taxes, levies, duties, or similar governmental charges of any kind (collectively, “Taxes”). You are responsible for payment of all Taxes associated with your purchases under these Terms, except for taxes based on Otty AI’s net income.
3.6 Refunds, Chargebacks & Reversals. Because billing is performance-based and assessed after revenue is generated, fees are final and non-refundable, subject to the limited review right below. If a customer refund, chargeback, or reversal reduces Attributable Revenue for a previously billed Billing Period, Otty AI will deduct or credit the net impact of such reversal in the next Billing Period or adjust the next invoice, in Otty AI’s discretion and consistent with the attribution method. Any adjustments for chargebacks or reversals will be supported by documentation of the reversal and the underlying order.
3.7 Reporting & Transparency. On request, Otty AI will provide you with a report that shows Attributable Revenue, the attribution method used, and the calculation of the Performance Fee for the relevant Billing Period. These reports are intended to provide transparency and will be delivered within a commercially reasonable timeframe.
3.8 Disputes & Review. If you dispute any portion of an invoice, you must notify Otty AI in writing within seven (7) days of the invoice date, describing the nature of the dispute and the amount in question. Both parties will use commercially reasonable efforts to resolve any dispute promptly. If Otty AI determines that an invoice was issued in error, Otty AI will, at its option, issue a credit against future fees or refund the disputed amount.
3.9 Currency & Conversion. All fees will be invoiced and payable in the currency specified on the Pricing Page or on the invoice. If conversion is required, conversion will be performed using Otty AI’s payment processor or an exchange rate reasonably selected by Otty AI, and any currency conversion costs will be your responsibility.
3.10 Effect of Termination. Termination or suspension of the Service will not relieve you of your obligation to pay any Performance Fees already generated and attributable to the Service prior to the effective date of termination. Otty AI will invoice for any outstanding Performance Fees in the next regular Billing Period or earlier as required to collect amounts due.
3.11 Pricing Page Link. For current Billing Period definitions, examples, and any additional optional services or fees, see the Pricing Page: ottyai.framer.website/pricing.
3.12 Refund Policy
Fees charged by Otty AI are based solely on revenue generated through the Service. Billing occurs only after measurable performance results have been delivered. All fees are generally final.
However, in compliance with Paddle’s refund requirements, customers may request a refund within 14 days of the billing date. Refunds will be considered on a case-by-case basis and are limited to charges that were clearly applied in error or in cases where the Service was demonstrably not delivered as described. To request a refund, please submit a written request within the 14-day window. Otty AI reserves the right, at its sole discretion, to approve or deny refund requests.
AI-Generated Content
Otty AI generates automated SMS content, including cart recovery messages, customer follow-ups, and promotional messages. While we strive for accuracy and compliance, you are responsible for reviewing, approving, and ensuring the legality of all outgoing messages within your region and industry. Otty AI is not liable for messaging errors, compliance violations, or unintended content.Service Modifications
We may modify, improve, suspend, or discontinue any part of the service at any time, with or without notice. Otty AI is not liable for any modification or discontinuation of the service.Limitation of Liability
To the fullest extent permitted by law, Otty AI shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising from or related to your use of the service, revenue calculations, or messaging performance.Termination
We may suspend or terminate your access to Otty AI at any time if we believe you have violated these Terms or engaged in harmful or fraudulent behavior. Upon termination, any outstanding performance fees already generated remain due.Governing Law
These Terms are governed by and construed in accordance with the laws of the jurisdiction in which Otty AI is registered, without regard to its conflict-of-law provisions.Changes to Terms
We may update or modify these Terms at any time. Your continued use of Otty AI after changes are posted constitutes acceptance of the revised Terms.
