Terms of Service

Version 1.0 · effective 2026-08-14

OHMYGEN.IO TERMS OF SERVICE

Effective date: 14 August 2026 Last updated: 14 August 2026 Version: 1.0

These Terms of Service ("Terms") govern access to and use of OhMyGen.io, including its website, software, artificial intelligence features, content generation tools, integrations, APIs and related services collectively referred to as the "Services".

OhMyGen is a service operated by:

Gamoba ApS CVR / Company Registration Number: 44101653 Vestergade 19C, 1st floor 8000 Aarhus C Denmark Email: contact@ohmygen.io

By creating an account, purchasing a subscription, clicking to accept these Terms, or otherwise accessing or using the Services, the Customer agrees to be legally bound by these Terms.

If you do not agree to these Terms, you must not access or use the Services.

1. DEFINITIONS

For purposes of these Terms:

"OhMyGen", "we", "us" or "our" means Gamoba ApS, CVR 44101653.

"Customer", "you" or "your" means the business, organization or professional entity entering into these Terms.

"Account" means the account registered by or on behalf of the Customer for accessing the Services.

"Authorized User" means an employee, contractor, consultant or other person authorized by the Customer to access or use the Customer's Account.

"Services" means the OhMyGen AI-powered software platform for creating, adapting, managing, scheduling, publishing or otherwise assisting with social media and marketing content, together with related functionality.

"Customer Content" means prompts, instructions, brand information, text, images, files, documents, data, social media information, website information and any other material submitted, uploaded, connected, imported or otherwise provided by or on behalf of the Customer.

"Generated Content" means text, images, suggestions, concepts, captions, posts, recommendations or other content generated, transformed or suggested through the Services.

"Customer Data" means Customer Content, account information and other data provided by or on behalf of the Customer.

"Usage Data" means technical, statistical and usage information concerning how the Services are accessed and used.

"Third-Party AI Providers" means external providers of artificial intelligence models, APIs, infrastructure or related technologies integrated into or used in connection with the Services.

"Third-Party Services" means social media platforms, AI providers, cloud services, payment providers, APIs, integrations and other external services used by or connected to the Services.

2. BUSINESS USE ONLY

The Services are intended exclusively for businesses, organizations and professional users.

The Services are not intended for consumers acting primarily for personal, household or non-commercial purposes.

By creating an Account or using the Services, you represent and warrant that:

you are acting solely for business or professional purposes;
you are acting on behalf of a legitimate business or organization;
you have the authority to enter into these Terms on behalf of that business or organization;
the information provided during registration is accurate and complete; and
you are legally capable of entering into a binding commercial agreement.

The person accepting these Terms on behalf of a company or organization represents and warrants that they have authority to bind that company or organization.

OhMyGen may refuse, suspend or terminate Accounts that do not meet these requirements.

3. DESCRIPTION OF THE SERVICES

OhMyGen provides software tools designed to assist businesses with the creation, adaptation, planning, management and publication of social media and marketing content through artificial intelligence.

The Services may include functionality for generating content for platforms such as Facebook, Instagram, LinkedIn, TikTok, X, Pinterest and other platforms.

Available features may vary depending on the Customer's subscription plan, location, connected services and changes to the OhMyGen platform.

OhMyGen may:

add new functionality;
remove functionality;
change existing functionality;
change interfaces;
replace technologies;
change AI models;
introduce new AI providers;
discontinue AI providers;
modify usage limits;
change integrations; and
otherwise develop or modify the Services.

OhMyGen does not guarantee that any specific feature, integration, AI model or Third-Party Service will remain available.

4. THIRD-PARTY ARTIFICIAL INTELLIGENCE

The Customer acknowledges that OhMyGen may use artificial intelligence technologies developed, hosted or operated by third parties.

OhMyGen acts as a software platform and intermediary between the Customer and various technologies that may include Third-Party AI Providers.

OhMyGen does not control the underlying operation, training data, technical infrastructure, safety systems, availability or behavior of Third-Party AI Providers.

Third-Party AI Providers may independently change their:

models;
algorithms;
APIs;
functionality;
safety mechanisms;
pricing;
limits;
policies;
terms;
availability; or
technical infrastructure.

Such changes may affect the Services without prior notice and without OhMyGen having control over those changes.

To the maximum extent permitted by applicable law, OhMyGen is not responsible for losses, errors, failures, delays, inaccuracies, interruptions or other consequences caused by Third-Party AI Providers.

5. NATURE OF AI-GENERATED CONTENT

5.1 Artificial intelligence can make mistakes

The Customer expressly acknowledges that artificial intelligence systems are probabilistic technologies and may produce unexpected or inaccurate results.

Generated Content may be:

inaccurate;
incorrect;
misleading;
incomplete;
outdated;
inappropriate;
offensive;
biased;
repetitive;
factually incorrect;
commercially unsuitable;
legally non-compliant;
similar to third-party content;
similar to content generated for other OhMyGen customers;
inconsistent with the Customer's instructions;
inconsistent with the Customer's brand;
inconsistent with applicable platform policies; or
potentially infringing on third-party rights.

OhMyGen does not independently verify every piece of Generated Content.

5.2 No guarantee of accuracy

OhMyGen makes no representation, guarantee or warranty that Generated Content is:

factually accurate;
complete;
current;
legal;
compliant;
original;
unique;
non-infringing;
appropriate;
effective;
suitable for publication; or
suitable for any particular business purpose.

The Customer must not assume that content is correct merely because it was generated by OhMyGen.

6. MANDATORY CUSTOMER REVIEW

The Customer is solely responsible for reviewing, approving and deciding whether to use any Generated Content.

Generated Content must be treated as AI-generated draft material unless and until it has been reviewed and approved by the Customer.

Before publishing, distributing, relying upon or otherwise using Generated Content, the Customer is responsible for verifying, where relevant:

factual accuracy;
spelling;
language;
grammar;
prices;
product information;
product availability;
commercial claims;
marketing claims;
legal claims;
statistical claims;
intellectual property rights;
copyright;
trademarks;
references to individuals;
references to businesses;
privacy implications;
industry-specific requirements;
regulated statements;
advertising requirements;
sponsorship disclosures;
AI disclosures;
social media platform rules; and
compliance with all applicable laws.

The Customer acknowledges that human review is an essential part of responsible use of the Services.

7. CUSTOMER RESPONSIBILITY FOR PUBLICATION

The Customer has full and final responsibility for deciding whether Generated Content is published, distributed, transmitted or otherwise used.

The Customer is considered responsible for content published through or with the assistance of the Services.

This applies regardless of whether the content is:

copied manually;
downloaded;
exported;
scheduled;
transmitted through an integration;
published directly through OhMyGen;
automatically published based on Customer settings; or
otherwise distributed using the Services.

Where automated publication functionality is enabled, the Customer acknowledges that enabling such functionality constitutes an instruction from the Customer to publish content in accordance with the Customer's configuration.

The Customer is responsible for determining whether automated publication is appropriate for its business.

The Customer is responsible for implementing any internal review, approval or governance procedures it considers necessary.

OhMyGen does not become the publisher, advertiser, editor, agency, employer or legal representative of the Customer merely because the Services generate, schedule or transmit content.

8. AUTOMATED PUBLICATION

Where the Customer activates automated posting or scheduling functionality, the Customer expressly accepts the risks associated with automated publication.

The Customer acknowledges that:

content may be published without immediate human intervention;
scheduling instructions may contain errors;
external APIs may behave unexpectedly;
content may be delayed;
content may fail to publish;
duplicate posts may occur;
platform formatting may change;
third-party platforms may reject content; and
AI-generated content may contain errors.

The Customer is solely responsible for deciding whether automated publication should be enabled.

OhMyGen shall not be liable for any loss arising from content being published, not being published, being published late, being published incorrectly or otherwise being processed through automated functionality.

9. NO PROFESSIONAL ADVICE

The Services and Generated Content do not constitute:

legal advice;
financial advice;
accounting advice;
investment advice;
tax advice;
medical advice;
regulatory advice; or
other professional advice.

The Customer must obtain qualified professional advice where appropriate.

OhMyGen is a software provider and does not act as the Customer's legal, financial, regulatory or professional adviser.

10. COMPLIANCE WITH LAWS

The Customer is solely responsible for ensuring that its use of the Services, Customer Content and Generated Content complies with all laws and regulations applicable to the Customer.

Depending on the Customer's activities and location, this may include:

advertising laws;
marketing laws;
consumer protection laws;
intellectual property laws;
copyright laws;
trademark laws;
privacy laws;
data protection laws;
competition laws;
employment laws;
sector-specific regulations;
financial promotion rules;
medical advertising rules;
influencer marketing rules;
sponsorship disclosure requirements;
political advertising laws;
AI transparency requirements;
export controls; and
sanctions regulations.

The Customer is responsible for understanding which laws apply to its business.

OhMyGen does not guarantee that Generated Content complies with the laws of any specific country, territory or industry.

Nothing in these Terms excludes obligations imposed directly on OhMyGen by mandatory applicable law.

11. AI TRANSPARENCY AND DISCLOSURE

The Customer is responsible for determining whether its use of Generated Content requires disclosure that artificial intelligence has been used.

Where applicable law, regulation, industry rules or platform policies require AI-generated or AI-assisted content to be identified or disclosed, the Customer is responsible for providing the necessary disclosure when publishing or distributing the content.

The Customer remains responsible for determining whether Generated Content may lawfully be presented as human-created content.

12. SOCIAL MEDIA PLATFORMS

The Services may interact with third-party social media platforms.

OhMyGen is independent from such platforms unless expressly stated otherwise.

The Customer acknowledges that third-party platforms may:

change their APIs;
change authentication requirements;
limit access;
remove integrations;
reject content;
alter formatting;
reduce distribution;
reduce organic reach;
remove posts;
disable functionality;
restrict accounts;
suspend accounts;
terminate accounts;
change algorithms;
change advertising rules; or
change their terms and policies.

OhMyGen has no control over these decisions.

OhMyGen shall not be liable for:

account suspension;
account termination;
lost reach;
lost followers;
deleted content;
rejected content;
reduced engagement;
advertising restrictions;
shadow banning;
lost platform access; or
any similar decision or action by a Third-Party Service.

The Customer is solely responsible for complying with the terms of every social media platform it uses.

13. CUSTOMER CONTENT AND OWNERSHIP

The Customer retains ownership of Customer Content.

Nothing in these Terms transfers ownership of the Customer's original Customer Content to OhMyGen.

The Customer grants OhMyGen the licenses described in these Terms solely as necessary to operate, improve, secure and develop the Services.

14. LICENSE TO PROCESS CUSTOMER CONTENT

The Customer grants OhMyGen a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, analyze, transform, modify and otherwise process Customer Content as reasonably necessary to:

provide the Services;
generate content;
customize outputs;
operate Account functionality;
connect integrations;
provide customer support;
troubleshoot technical issues;
monitor system performance;
improve security;
detect abuse;
prevent fraud;
enforce these Terms; and
comply with applicable law.

This license applies for as long as reasonably necessary to provide the Services and fulfill applicable legal, security and technical requirements.

15. DATA USE FOR SERVICE AND MODEL IMPROVEMENT

15.1 Improvement of OhMyGen

Where the Customer has accepted the applicable data improvement authorization, the Customer authorizes OhMyGen to use Customer Data and Customer Content to develop, evaluate and improve OhMyGen and its technology.

This may include use for:

improving content quality;
improving prompts;
improving system instructions;
improving workflows;
improving algorithms;
improving model routing;
developing internal AI models;
fine-tuning internal systems;
training internal models where legally permitted;
quality evaluation;
automated evaluation;
identifying patterns;
developing classifiers;
improving recommendations;
debugging;
testing;
research;
product development;
feature development;
statistical analysis; and
improving the Services generally.

The Customer grants OhMyGen a worldwide, non-exclusive, royalty-free license to process Customer Content for these purposes subject to these Terms and applicable law.

15.2 Derived information

OhMyGen may generate derived information from Customer Data, including:

statistical information;
usage patterns;
technical metrics;
performance metrics;
evaluations;
embeddings;
model parameters;
generalized learnings;
aggregated information; and
anonymized information.

To the extent such information is genuinely anonymized and cannot reasonably be linked back to the Customer or an identifiable individual, OhMyGen may use and retain such information indefinitely for legitimate business purposes, including developing and improving the Services.

15.3 Customer ownership

The Customer retains ownership of its original Customer Content.

The rights granted to OhMyGen under this section do not constitute a sale of Customer Content.

16. NO SALE OF IDENTIFIABLE CUSTOMER DATA

OhMyGen will not sell identifiable Customer Content to data brokers or unrelated third parties.

OhMyGen will not provide identifiable Customer Content to unrelated third parties for:

their independent marketing purposes;
independent advertising profiling;
resale as a customer database;
sale to data brokers; or
independent AI model training for the third party's own unrelated purposes,

unless the Customer has separately and explicitly authorized such processing.

This restriction does not prevent processing by service providers that are necessary to operate OhMyGen as described below.

17. NECESSARY SERVICE PROVIDERS

The Customer acknowledges that operating the Services requires OhMyGen to use external technology providers.

Customer Data may therefore be transmitted to, stored by or otherwise processed by selected service providers where reasonably necessary to provide, secure or operate the Services.

These providers may include:

Third-Party AI Providers;
cloud infrastructure providers;
hosting providers;
database providers;
storage providers;
content delivery providers;
monitoring providers;
analytics providers;
security providers;
authentication providers;
email providers;
payment providers; and
other technical subprocessors.

The fact that data is processed by such providers does not constitute a sale of Customer Data.

OhMyGen may replace, remove or add service providers as reasonably necessary to operate and develop the Services.

Where required by applicable data protection law, OhMyGen will maintain appropriate contractual and data protection arrangements with relevant processors and subprocessors.

18. CUSTOMER WARRANTIES REGARDING DATA

The Customer represents and warrants that:

it owns Customer Content or has sufficient rights to use it;
it is permitted to provide Customer Content to OhMyGen;
Customer Content has been lawfully collected;
use of Customer Content through OhMyGen does not violate contractual obligations;
Customer Content does not unlawfully infringe third-party rights;
it has an appropriate lawful basis for any personal data submitted to the Services; and
it has provided all legally required information and notices to affected individuals where applicable.

The Customer is solely responsible for determining whether information may legally be uploaded or connected to OhMyGen.

19. PERSONAL DATA

The Services may process personal data.

The respective roles of OhMyGen and the Customer under applicable data protection legislation depend on the circumstances and purposes of the processing.

Where OhMyGen processes personal data solely on behalf of and under the instructions of the Customer, and applicable law requires a data processing agreement, the processing shall also be governed by an applicable Data Processing Agreement.

The Customer is responsible for ensuring that it has a lawful basis to provide personal data to OhMyGen.

Nothing in these Terms permits either party to process personal data unlawfully.

Where applicable law requires a separate legal basis or specific consent for a particular model-training or improvement activity involving personal data, OhMyGen will process such data only where an appropriate legal basis exists.

20. INTERNATIONAL DATA PROCESSING

OhMyGen operates an international software service.

Customer Data may be processed in countries other than the country where the Customer is located.

This may occur because OhMyGen or its service providers operate infrastructure internationally.

Where applicable law requires safeguards for international transfers of personal data, OhMyGen will implement appropriate safeguards as required.

Further information regarding personal data processing may be provided in OhMyGen's Privacy Policy and applicable Data Processing Agreement.

21. USAGE DATA

OhMyGen may collect information concerning how the Services are used.

Usage Data may include:

feature usage;
activity frequency;
interaction patterns;
request volumes;
technical performance;
error information;
device information;
browser information;
system information;
login information; and
security information.

OhMyGen may use Usage Data for:

operating the Services;
security;
fraud prevention;
service improvement;
analytics;
capacity planning;
product development;
statistical analysis;
benchmarking; and
technical optimization.

Aggregated or genuinely anonymized Usage Data may be retained and used indefinitely.

22. GENERATED CONTENT RIGHTS

As between the Customer and OhMyGen, OhMyGen does not claim ownership of Generated Content created specifically for the Customer.

To the extent OhMyGen obtains transferable intellectual property rights in Generated Content, OhMyGen grants or assigns those rights to the Customer to the maximum extent permitted by applicable law.

This provision does not guarantee that Generated Content qualifies for copyright or other intellectual property protection.

23. NO GUARANTEE OF UNIQUENESS

Artificial intelligence systems may produce the same or similar output for multiple users.

OhMyGen does not guarantee that Generated Content is unique.

The Customer acknowledges that:

another OhMyGen customer may receive similar content;
another AI platform may produce similar content;
Generated Content may contain common expressions;
Generated Content may resemble existing material; and
intellectual property protection may not be available.

The Customer is responsible for conducting any intellectual property review it considers appropriate before commercially exploiting Generated Content.

24. OHMYGEN INTELLECTUAL PROPERTY

Gamoba ApS and its licensors retain all rights in and to:

OhMyGen;
the OhMyGen name;
trademarks;
logos;
website;
software;
source code;
object code;
user interfaces;
databases;
system architecture;
internal prompts;
system instructions;
workflows;
automation logic;
proprietary datasets;
algorithms;
internal models;
documentation;
designs;
methods;
technology; and
other intellectual property relating to the Services.

Except for the limited right to use the Services under these Terms, no intellectual property rights are transferred to the Customer.

25. RESTRICTIONS ON USE

The Customer must not:

reverse engineer the Services;
decompile the Services;
disassemble the Services;
attempt to extract source code;
attempt to discover proprietary system prompts;
attempt to reproduce proprietary workflows;
bypass usage restrictions;
bypass security measures;
circumvent subscription limits;
interfere with the Services;
conduct unauthorized penetration testing;
introduce malware;
exploit vulnerabilities;
scrape the Services without authorization;
systematically extract OhMyGen data;
share Account credentials outside the Customer's organization;
resell the Services without written authorization;
white-label the Services without written authorization;
sublicense access without permission;
use OhMyGen intellectual property to create a competing platform;
use proprietary OhMyGen data to train competing AI systems; or
use the Services in a way that materially harms OhMyGen or other users.

26. PROHIBITED CONTENT AND ACTIVITIES

The Customer must not use the Services for unlawful purposes.

The Customer must not knowingly use the Services to:

facilitate crime;
facilitate fraud;
distribute malware;
conduct phishing;
impersonate others unlawfully;
unlawfully harass individuals;
unlawfully discriminate;
infringe intellectual property rights;
violate privacy rights;
violate data protection law;
distribute unlawful content;
manipulate or deceive people in violation of applicable law;
evade sanctions;
evade legal restrictions; or
otherwise violate applicable law.

OhMyGen may suspend or terminate Accounts where it reasonably believes the Services are being misused.

27. ACCOUNTS

The Customer is responsible for all activity conducted through its Account.

The Customer must maintain accurate Account information.

The Customer is responsible for determining which individuals are permitted to access its Account.

All actions taken by Authorized Users are considered actions of the Customer.

28. ACCOUNT SECURITY

The Customer is responsible for:

protecting passwords;
protecting authentication credentials;
securing connected accounts;
securing Customer devices;
controlling access by employees and contractors; and
promptly removing access when an Authorized User should no longer have access.

The Customer must notify OhMyGen promptly if it becomes aware of unauthorized access.

To the maximum extent permitted by applicable law, OhMyGen shall not be liable for losses caused by:

credential sharing;
compromised Customer devices;
weak Customer security;
unauthorized Authorized Users;
compromised third-party accounts; or
failure by the Customer to implement reasonable security measures.

29. SUBSCRIPTIONS

OhMyGen may offer different subscription plans.

Subscription plans may differ based on:

number of Generated Content pieces;
number of brands;
number of users;
number of countries or markets;
available AI models;
integrations;
usage limits;
storage;
functionality; and
support.

The features and limits applicable to the Customer are those displayed during purchase, within the Account or otherwise agreed in writing.

30. BILLING

Unless otherwise stated, subscriptions are charged in advance.

The Customer authorizes OhMyGen and its payment providers to charge the applicable subscription fees and taxes to the payment method provided by the Customer.

The Customer is responsible for maintaining valid billing information.

Recurring subscriptions automatically renew for the same billing interval unless cancelled before renewal.

31. TAXES

Prices may be exclusive of VAT, sales tax, GST or similar taxes unless otherwise stated.

The Customer is responsible for providing correct business, billing and tax information.

Applicable taxes may be added according to the Customer's location and applicable law.

32. PAYMENT FAILURE

Where payment cannot be processed, OhMyGen may:

retry payment;
notify the Customer;
restrict functionality;
suspend access;
reduce Account functionality; or
terminate the subscription.

Outstanding amounts remain payable.

Restoration of access may require successful payment of outstanding amounts.

33. CANCELLATION

The Customer may cancel its subscription using available Account functionality or by contacting OhMyGen at contact@ohmygen.io.

Unless otherwise agreed:

cancellation takes effect at the end of the current paid billing period;
the Customer retains access until that date;
recurring billing stops after cancellation becomes effective; and
cancellation does not create a right to a refund for fees already paid.

34. REFUNDS

To the maximum extent permitted by applicable law, subscription payments, usage charges and other fees are non-refundable once paid.

No refunds are provided for:

unused subscription time;
unused Generated Content allowances;
unused credits;
lack of use;
Customer dissatisfaction with AI outputs;
temporary downtime;
third-party outages;
discontinued Third-Party Services;
changes to AI models;
social media platform restrictions; or
Customer cancellation during an active billing period.

OhMyGen may provide refunds at its sole discretion.

Nothing in this section limits refund rights that cannot legally be excluded.

35. CHANGES TO PRICES

OhMyGen may change subscription prices.

Where a material price increase affects an existing recurring subscription, OhMyGen will provide reasonable notice before the new price applies.

The new price will generally apply from a future renewal date.

Continued use after the price change takes effect constitutes acceptance of the new price.

36. SERVICE CHANGES

OhMyGen may modify the Services at any time.

Changes may include:

new features;
removed features;
altered functionality;
replaced AI models;
changed limits;
changes to integrations;
changes to user interfaces; or
discontinued functionality.

OhMyGen may make immediate changes where necessary because of:

security;
legal requirements;
abuse prevention;
third-party provider changes;
technical limitations; or
platform stability.

The Customer is not entitled to compensation solely because a Service feature is changed or discontinued.

37. SERVICE AVAILABILITY

The Services are provided on an "AS IS" and "AS AVAILABLE" basis.

OhMyGen does not guarantee uninterrupted availability.

The Services may experience:

planned maintenance;
emergency maintenance;
bugs;
outages;
network failures;
cloud failures;
AI provider outages;
social media API failures;
performance degradation;
database failures; or
other technical interruptions.

OhMyGen does not guarantee any specific uptime unless expressly agreed in a separate written Service Level Agreement.

38. NO GUARANTEE OF DATA PRESERVATION

OhMyGen uses reasonable measures to protect and maintain data but does not guarantee that data can never be lost, damaged or made unavailable.

The Customer is responsible for maintaining independent copies of business-critical information.

The Customer must not rely on OhMyGen as the sole storage location for critical business data.

39. NO MARKETING PERFORMANCE GUARANTEE

OhMyGen does not guarantee any commercial result from using the Services.

OhMyGen does not guarantee:

impressions;
views;
reach;
followers;
engagement;
likes;
comments;
shares;
clicks;
website traffic;
leads;
conversions;
sales;
revenue;
profitability;
return on investment;
return on advertising spend;
brand awareness;
social media growth; or
any other business outcome.

Marketing performance depends on numerous factors outside OhMyGen's control.

40. BUSINESS DECISIONS

The Customer acknowledges that all business, marketing, communication and publication decisions remain the responsibility of the Customer.

The Customer uses Generated Content and recommendations at its own risk.

OhMyGen does not assume responsibility for decisions made in reliance on Generated Content.

41. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND GENERATED CONTENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.

OHMYGEN EXPRESSLY DISCLAIMS WARRANTIES INCLUDING THOSE RELATING TO:

MERCHANTABILITY;
FITNESS FOR A PARTICULAR PURPOSE;
ACCURACY;
COMPLETENESS;
RELIABILITY;
AVAILABILITY;
SECURITY;
NON-INFRINGEMENT;
ORIGINALITY;
UNIQUENESS;
COMPATIBILITY;
LEGAL COMPLIANCE;
PLATFORM COMPLIANCE;
PERFORMANCE; AND
BUSINESS RESULTS.

No statement, recommendation or communication from OhMyGen creates a warranty unless expressly contained in a separate written agreement signed by Gamoba ApS.

42. LIMITATION OF LIABILITY

42.1 General limitation

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OHMYGEN, GAMOBA APS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES AND AFFILIATES SHALL NOT BE LIABLE FOR LOSSES ARISING OUT OF OR RELATING TO THE CUSTOMER'S USE OR INABILITY TO USE THE SERVICES EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT LAWFULLY BE EXCLUDED.

42.2 Excluded losses

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OHMYGEN SHALL NOT BE LIABLE FOR:

INDIRECT DAMAGES;
CONSEQUENTIAL DAMAGES;
INCIDENTAL DAMAGES;
SPECIAL DAMAGES;
EXEMPLARY DAMAGES;
PUNITIVE DAMAGES;
LOSS OF PROFIT;
LOSS OF REVENUE;
LOSS OF TURNOVER;
LOSS OF SALES;
LOSS OF CONTRACTS;
LOSS OF BUSINESS;
LOSS OF CUSTOMERS;
LOSS OF OPPORTUNITY;
LOSS OF ANTICIPATED SAVINGS;
LOSS OF GOODWILL;
LOSS OF REPUTATION;
LOSS OF DATA;
LOSS OR CORRUPTION OF CONTENT;
BUSINESS INTERRUPTION;
COSTS OF SUBSTITUTE SERVICES;
LOSS CAUSED BY THIRD-PARTY SERVICES;
LOSS CAUSED BY THIRD-PARTY AI PROVIDERS;
LOSS CAUSED BY SOCIAL MEDIA PLATFORMS;
LOSS ARISING FROM GENERATED CONTENT;
LOSS ARISING FROM CUSTOMER CONTENT;
LOSS ARISING FROM AUTOMATED PUBLICATION;
LOSS ARISING FROM CUSTOMER PUBLICATION;
LOSS CAUSED BY PLATFORM SUSPENSION;
LOSS ARISING FROM RELIANCE ON AI OUTPUT; OR
LOSS ARISING FROM THE CUSTOMER'S FAILURE TO REVIEW GENERATED CONTENT.

These exclusions apply whether the claim arises in contract, tort, negligence, statute or otherwise.

They apply even if OhMyGen was informed that such losses were possible.

42.3 Maximum aggregate liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OHMYGEN'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES, GENERATED CONTENT OR THESE TERMS SHALL NOT EXCEED THE TOTAL SUBSCRIPTION FEES ACTUALLY PAID BY THE CUSTOMER TO OHMYGEN DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

If no subscription fees were paid by the Customer during that period, OhMyGen's maximum aggregate liability shall not exceed EUR 100.

This limit applies collectively to all claims and not separately to each claim.

42.4 Mandatory liability

Nothing in these Terms excludes or limits liability to the extent that such liability cannot lawfully be excluded or limited under applicable mandatory law.

If any limitation or exclusion in these Terms is unenforceable, it shall apply to the maximum extent legally permitted.

43. CUSTOMER INDEMNIFICATION

To the maximum extent permitted by applicable law, the Customer agrees to defend, indemnify and hold harmless Gamoba ApS, OhMyGen, their affiliates, directors, officers, employees, contractors and representatives from and against third-party claims, demands, proceedings, damages, liabilities, fines, penalties, settlements, losses, costs and reasonable legal expenses arising from or relating to:

Customer Content;
use of the Services by the Customer;
use of Generated Content;
publication of Generated Content;
automated publication;
breach of these Terms;
violation of applicable law;
violation of social media platform rules;
intellectual property infringement;
copyright claims;
trademark claims;
privacy claims;
data protection claims resulting from data supplied by the Customer;
advertising claims made by the Customer;
misleading statements published by the Customer;
unlawful Customer Content;
actions of Authorized Users;
unauthorized use of third-party materials;
the Customer's products or services; or
the Customer's failure to review Generated Content before use.

OhMyGen may assume control of the defense of a claim subject to indemnification.

The Customer agrees to provide reasonable assistance and cooperation.

44. THIRD-PARTY CLAIMS RELATING TO GENERATED CONTENT

If a third party asserts that Generated Content published or used by the Customer infringes its rights, the Customer is responsible for responding to that claim.

OhMyGen does not provide intellectual property clearance services.

OhMyGen does not warrant that Generated Content has been searched against:

copyright databases;
trademark databases;
advertising databases;
commercial content databases; or
other third-party rights.

The Customer is responsible for determining whether such clearance is necessary.

45. SUSPENSION

OhMyGen may immediately suspend access to all or part of the Services where reasonably necessary because of:

breach of these Terms;
non-payment;
attempted fraud;
illegal activity;
security concerns;
abuse;
unusually harmful usage;
excessive technical load;
violation of third-party requirements;
sanctions;
court orders;
regulatory requirements;
risk to other customers;
risk to OhMyGen; or
technical emergencies.

OhMyGen may suspend an Account while investigating suspected violations.

46. TERMINATION BY CUSTOMER

The Customer may terminate its relationship with OhMyGen by cancelling its subscription.

Termination does not eliminate payment obligations already incurred.

Sections that by their nature are intended to survive termination shall continue to apply.

47. TERMINATION BY OHMYGEN

OhMyGen may terminate an Account immediately where the Customer:

materially breaches these Terms;
violates applicable law;
misuses the Services;
fails to pay applicable fees;
compromises security;
attempts to reverse engineer the Services;
commits fraud;
abuses employees or systems;
violates third-party provider requirements; or
creates material legal, regulatory or security risk for OhMyGen.

OhMyGen may also terminate or discontinue the Services for legitimate commercial, technical or operational reasons.

Where reasonably practicable, OhMyGen will provide notice of a general discontinuation of the Services.

48. EFFECT OF TERMINATION

Upon termination:

the Customer's right to access the Services ends;
API access may be revoked;
integrations may be disconnected;
future generation of content ends;
outstanding payment obligations remain payable; and
the Customer should export any information it wishes to retain.

OhMyGen is not obligated to maintain an inactive Account indefinitely.

49. DATA AFTER TERMINATION

Customer-specific Account data may be deleted following termination in accordance with OhMyGen's retention policies.

The Customer is responsible for exporting information it requires before access ends.

Data may continue to be retained where reasonably necessary for:

legal obligations;
accounting requirements;
dispute resolution;
fraud prevention;
security;
backups; or
regulatory requirements.

Aggregated or genuinely anonymized data may be retained indefinitely.

Non-identifiable technical learnings, model improvements, statistical patterns and other information that cannot reasonably be associated with the Customer may continue to be used following termination.

50. FORCE MAJEURE

OhMyGen shall not be liable for failure or delay resulting from events outside its reasonable control.

Such events may include:

natural disasters;
floods;
fires;
storms;
earthquakes;
war;
terrorism;
civil unrest;
government actions;
court orders;
sanctions;
power outages;
internet failures;
telecommunications failures;
major cybersecurity incidents;
cloud infrastructure outages;
widespread AI provider failures;
strikes;
epidemics;
pandemics; or
failures of critical infrastructure.

Performance obligations affected by the event are suspended for the duration of the relevant event to the extent reasonably necessary.

51. CHANGES TO THESE TERMS

OhMyGen may update these Terms from time to time.

Material changes will be communicated through reasonable means, which may include:

email;
Account notifications; or
notices on OhMyGen.io.

Where reasonably practicable, material changes will be communicated before they become effective.

Changes required for:

legal compliance;
security;
fraud prevention;
third-party requirements; or
urgent technical reasons

may become effective immediately.

Continued use of the Services following the effective date of updated Terms constitutes acceptance of the updated Terms to the extent permitted by applicable law.

Where applicable law requires renewed explicit acceptance, OhMyGen may require the Customer to accept updated Terms before continuing to use the Services.

A change to these Terms does not by itself authorize a new type of personal data processing where applicable law requires another legal basis, notice or consent.

52. ELECTRONIC ACCEPTANCE

The Customer agrees that electronic acceptance of these Terms constitutes a legally binding agreement to the extent permitted by applicable law.

Acceptance may occur by:

clicking an "Accept" button;
selecting an acceptance checkbox;
creating an Account where acceptance is required;
purchasing a subscription; or
another clear electronic acceptance mechanism.

The Customer agrees that electronic records may be used as evidence of acceptance.

53. ASSIGNMENT

The Customer may not assign, transfer or delegate its rights or obligations under these Terms without OhMyGen's prior written consent.

Gamoba ApS may assign or transfer these Terms in connection with:

a merger;
acquisition;
corporate restructuring;
financing;
sale of assets;
sale of the OhMyGen business;
transfer of intellectual property; or
transfer to an affiliated company.

54. RELATIONSHIP OF THE PARTIES

The Customer and Gamoba ApS are independent contracting parties.

Nothing in these Terms creates:

a partnership;
joint venture;
employment relationship;
fiduciary relationship;
franchise;
agency relationship; or
exclusive relationship.

OhMyGen has no authority to bind the Customer and the Customer has no authority to bind Gamoba ApS.

55. NO THIRD-PARTY BENEFICIARIES

Unless expressly stated otherwise, these Terms are intended solely for the benefit of Gamoba ApS and the Customer.

They do not create enforceable rights for unrelated third parties.

56. NO WAIVER

Failure by OhMyGen to exercise or enforce a right under these Terms does not constitute a waiver of that right.

Any waiver must be explicit and in writing.

A waiver concerning one breach does not constitute a waiver concerning future breaches.

57. SEVERABILITY

If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision shall be limited, modified or severed to the minimum extent required.

The remaining provisions remain effective.

Where possible, an invalid provision shall be interpreted or replaced in a manner that most closely reflects its intended commercial purpose while remaining legally enforceable.

58. ENTIRE AGREEMENT

These Terms, together with:

OhMyGen's Privacy Policy;
any applicable Data Processing Agreement;
the Customer's applicable subscription terms; and
any separately signed agreement between the parties

constitute the entire agreement regarding use of the Services.

They supersede prior discussions, proposals, representations and agreements concerning the same subject matter.

In the event of a conflict between these Terms and a separately signed written agreement, the separately signed agreement shall prevail to the extent of the conflict.

59. NO RELIANCE

The Customer acknowledges that it has not relied upon any promise, representation, guarantee or statement concerning the Services that is not expressly contained in these Terms or a separate written agreement signed by Gamoba ApS.

60. GOVERNING LAW

These Terms and any contractual or non-contractual dispute arising out of or relating to them shall be governed by and construed in accordance with the laws of Denmark, excluding conflict of laws principles.

Mandatory laws that cannot legally be excluded remain applicable.

61. JURISDICTION

To the maximum extent permitted by applicable law, the courts of Denmark shall have exclusive jurisdiction over disputes arising out of or relating to:

these Terms;
the Services;
Customer Content;
Generated Content; or
the commercial relationship between the Customer and Gamoba ApS.

Proceedings shall be brought before the competent Danish court for the judicial district in which Gamoba ApS has its registered office, unless applicable mandatory law requires otherwise.

The Customer irrevocably submits to such jurisdiction to the maximum extent permitted by applicable law.

62. GOOD FAITH DISPUTE RESOLUTION

Before commencing formal court proceedings, the parties shall make reasonable commercial efforts to resolve a dispute directly.

A party intending to commence proceedings should provide written notice describing the dispute.

The parties shall attempt in good faith to resolve the dispute for a period of at least 30 days following such notice, unless urgent legal relief is reasonably necessary.

63. LIMITATION PERIOD FOR CLAIMS

To the maximum extent permitted by applicable law, any claim against Gamoba ApS or OhMyGen arising out of or relating to the Services or these Terms must be commenced within twelve months after the Customer became aware, or reasonably should have become aware, of the circumstances giving rise to the claim.

Any claim not brought within that period is contractually barred to the maximum extent permitted by applicable law.

Where applicable mandatory law does not permit such limitation, the mandatory statutory limitation period applies.

64. INTERNATIONAL USE

OhMyGen may be accessible internationally.

The Customer is responsible for determining whether use of the Services is lawful in the Customer's jurisdiction.

The Customer must comply with applicable:

sanctions;
export controls;
import restrictions;
data protection requirements;
marketing regulations; and
local laws.

OhMyGen may restrict access from specific jurisdictions where reasonably necessary for legal, security or commercial reasons.

65. LANGUAGE

These Terms are written in English.

OhMyGen may provide translations for convenience.

In the event of a conflict, inconsistency or difference in interpretation between the English version and a translated version, the English version shall prevail to the maximum extent permitted by applicable law.

66. NOTICES

OhMyGen may provide notices to the Customer using the email address associated with the Customer's Account or through the OhMyGen platform.

The Customer is responsible for ensuring its contact information remains current.

Legal notices to Gamoba ApS may be sent to:

Gamoba ApS Attn: OhMyGen Vestergade 19C, 1st floor 8000 Aarhus C Denmark Email: contact@ohmygen.io

67. COMPANY INFORMATION

The Services are operated by:

Gamoba ApS CVR / Company Registration Number: 44101653 Vestergade 19C, 1st floor 8000 Aarhus C Denmark

Email: contact@ohmygen.io

Service: OhMyGen.io

OhMyGen is a service and trading name operated by Gamoba ApS.

68. SURVIVAL

The following provisions survive termination to the extent reasonably necessary:

intellectual property provisions;
rights relating to anonymized or aggregated data;
confidentiality obligations;
outstanding payment obligations;
disclaimers;
limitations of liability;
indemnification obligations;
dispute resolution provisions;
governing law;
jurisdiction; and
provisions that by their nature are intended to survive termination.

69. FINAL ACKNOWLEDGEMENT

BY ACCEPTING THESE TERMS, THE CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT:

THE SERVICES ARE PROVIDED FOR BUSINESS AND PROFESSIONAL USE ONLY.
OHMYGEN USES ARTIFICIAL INTELLIGENCE, INCLUDING TECHNOLOGY THAT MAY BE PROVIDED BY THIRD PARTIES.
ARTIFICIAL INTELLIGENCE MAY PRODUCE INCORRECT, MISLEADING, INAPPROPRIATE, NON-UNIQUE OR UNLAWFUL OUTPUT.
THE CUSTOMER IS RESPONSIBLE FOR REVIEWING GENERATED CONTENT BEFORE USE.
THE CUSTOMER HAS FULL RESPONSIBILITY FOR CONTENT IT CHOOSES TO PUBLISH OR DISTRIBUTE.
AUTOMATED PUBLICATION IS ENABLED AND USED AT THE CUSTOMER'S OWN COMMERCIAL RISK.
OHMYGEN DOES NOT GUARANTEE ANY MARKETING, SOCIAL MEDIA, COMMERCIAL OR FINANCIAL RESULT.
THE CUSTOMER IS RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LAWS, REGULATIONS AND THIRD-PARTY PLATFORM RULES.
THE CUSTOMER ACCEPTS THE DISCLAIMERS AND LIMITATIONS OF LIABILITY CONTAINED IN THESE TERMS.
THE CUSTOMER AUTHORIZES THE PROCESSING OF CUSTOMER DATA AS DESCRIBED IN THESE TERMS.
WHERE THE CUSTOMER HAS ACCEPTED THE APPLICABLE DATA IMPROVEMENT AUTHORIZATION, OHMYGEN MAY USE CUSTOMER DATA TO DEVELOP AND IMPROVE OHMYGEN'S MODELS, SYSTEMS, ALGORITHMS AND SERVICES AS DESCRIBED IN THESE TERMS.
OHMYGEN WILL NOT SELL IDENTIFIABLE CUSTOMER CONTENT TO DATA BROKERS OR UNRELATED THIRD PARTIES.
CUSTOMER DATA MAY BE PROCESSED BY THIRD-PARTY AI PROVIDERS AND OTHER TECHNICAL SERVICE PROVIDERS WHERE NECESSARY TO OPERATE THE SERVICES.
THE PERSON ACCEPTING THESE TERMS HAS AUTHORITY TO LEGALLY BIND THE CUSTOMER.

By accessing or using OhMyGen after accepting these Terms, the Customer confirms that it has read, understood and agreed to these Terms.

OHMYGEN.IO

Operated by Gamoba ApS CVR: 44101653 Vestergade 19C, 1st floor 8000 Aarhus C Denmark Email: contact@ohmygen.io

Effective date: 14 August 2026 Version: 1.0