You pay for Otto month-to-month; we provide retention intelligence on your Mindbody data. You remain the owner of your data and your members. Either of us can end the arrangement at the end of any billing cycle. We'll behave professionally; we expect the same. The rest is the standard stuff below.
1. Acceptance
These Terms of Service (the "Terms") form a binding agreement between you (the studio or individual registering for the service, the "Customer", "you") and Game Plan Designs LLC, a North Carolina limited liability company doing business as OctoEmployee ("octoEmployee", "Otto", "we"). By creating an account, signing an order form, or otherwise using the service, you agree to these Terms. If you're agreeing on behalf of a business, you represent that you have the authority to bind that business.
If you subscribe to a paid plan, the Subscription Agreement applies to your subscription (plan, price, trial, billing, cancellation, and refunds) in addition to these Terms.
2. The service
The "Service" is the octoEmployee software-as-a-service product — retention intelligence, risk scoring, Monday briefs, drafted member outreach, reporting, and related features — delivered through our web application and APIs and integrated with the Mindbody platform. Features available to you depend on your subscription plan.
We may update, improve, or modify the Service. We will not materially degrade features you depend on without reasonable notice (typically 30 days).
3. Accounts & access
You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us promptly at security@octoemployee.com of any unauthorized access. You agree to keep account information accurate and up to date.
You must be at least 18 and legally capable of entering a contract. You must operate a legitimate business and have the authority to authorize our access to the Mindbody account you connect.
4. Customer data & ownership
Your data stays yours. As between you and us, you own all rights in your Customer Data (the data your studio generates, the Mindbody data you authorize us to sync, and the derived outputs we produce for you).
You grant us a limited, non-exclusive license to host, process, transmit, and display your Customer Data strictly to provide the Service and as described in our Privacy Policy. We process Customer Data as your data processor under your documented instructions.
You represent that you have all rights and consents necessary to provide Customer Data to us — including consent from your members to process their personal information, and SMS/email consent where applicable. You will maintain those consents in Mindbody.
On termination, you may export your data for 30 days; after that, we hard-delete per our retention schedule (see Privacy Policy §5).
5. Fees, billing & refunds
- Subscription fees are billed monthly or annually in advance based on your selected plan. Prices are on the pricing page and confirmed in your order form.
- Setup fee is billed once at signing and covers the 7-day human onboarding. It is non-refundable.
- Payment is by credit card or ACH via our processor (Stripe). Taxes are your responsibility unless otherwise stated.
- Late payment. We may suspend the Service if a payment is more than 15 days overdue, after reasonable written notice.
- 30-day money-back guarantee. On your first month, if Otto is not useful to your studio, we will refund the monthly fee upon written request within 30 days of your first charge. The setup fee is not refundable.
- Price changes. We will notify you at least 30 days before any price change. Changes take effect on your next renewal.
6. Acceptable use
You agree not to:
- use the Service to send unsolicited messages, spam, or communications in violation of TCPA, CAN-SPAM, GDPR, or similar law;
- circumvent or disable security, rate limits, or usage controls;
- reverse-engineer, decompile, or attempt to derive source code (except to the extent law expressly permits);
- resell or white-label the Service without our written agreement;
- use the Service to engage in unlawful, fraudulent, harassing, or harmful conduct;
- upload malicious code or interfere with other customers' use of the Service.
We may suspend accounts that violate these rules, with notice where reasonable.
7. Intellectual property
We retain all rights in the Service, the Otto name and marks, the underlying models, the software, and any aggregated, de-identified data we derive (which never identifies your studio or your members). You may provide feedback; if you do, we may use it to improve the Service without obligation to you.
8. Warranties & disclaimers
We warrant that we will provide the Service in a professional manner consistent with industry standards and in compliance with applicable law. Except for this express warranty, the Service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
Risk scores, drafted messages, and predictions are generated by machine-learning models. They are probabilistic and advisory. You are responsible for the messages you approve and send to your members.
9. Limitation of liability
To the maximum extent permitted by law, neither party is liable to the other for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, goodwill, or data, arising out of or relating to these Terms, even if advised of the possibility.
Each party's total aggregate liability arising out of or relating to these Terms is limited to the fees you paid to us for the Service in the twelve (12) months preceding the event giving rise to the claim.
These limitations do not apply to (a) your payment obligations, (b) either party's indemnification obligations, (c) breach of confidentiality, or (d) gross negligence or willful misconduct.
10. Indemnification
You will defend, indemnify, and hold us harmless from third-party claims arising out of (a) your Customer Data, (b) your use of the Service in violation of these Terms or law, or (c) your violation of member consent requirements.
We will defend, indemnify, and hold you harmless from third-party claims that the Service, as provided by us and used in accordance with these Terms, infringes a US patent, copyright, or trade-secret right.
11. Term & termination
These Terms begin when you accept them and continue while you have an active subscription. Either party may terminate at the end of any billing cycle with written notice. Either party may terminate immediately for (a) a material uncured breach after 30 days' written notice or (b) the other party's insolvency.
On termination, your access ends, we invoice any unpaid amounts through the termination date, and we process your data per Privacy Policy §5. Sections that by their nature survive termination (fees owed, data-ownership, IP, warranties, liability, indemnities, governing law) survive.
12. Governing law & disputes
These Terms are governed by the laws of the State of North Carolina, USA, without regard to conflict-of-laws rules. For disputes not resolved informally within 30 days, we and you submit to the exclusive jurisdiction of the state courts located in Union County, North Carolina, and the U.S. District Court for the Western District of North Carolina. Each party waives the right to a jury trial. Nothing in this section prevents either party from seeking injunctive relief in any court of competent jurisdiction.
13. Miscellaneous
- Entire agreement. These Terms, any order form or subscription agreement you accept, and our Privacy Policy form the complete agreement on this subject. We will execute a Data Processing Addendum (DPA) on request for Customers with applicable data-protection requirements (e.g., EU/UK GDPR, CCPA).
- Assignment. You may not assign these Terms without our written consent. We may assign to an affiliate or to a successor in a merger, acquisition, or sale of substantially all assets.
- Notices. To us: legal@octoemployee.com, with a copy to our mailing address: Game Plan Designs LLC, 13553 Providence Rd. PMB 283, Weddington, NC 28104. To you: the email on your account.
- Force majeure. Neither party is liable for delays caused by events outside reasonable control (natural disasters, major internet outages, acts of government, etc.).
- No waiver. Failure to enforce a right doesn't waive it. If any provision is held unenforceable, the rest stays in effect.
- Independent contractors. We're not partners, joint venturers, employees, or agents of one another.
Questions: legal@octoemployee.com