Terms of Service

Effective date: October 3, 2026

These Terms of Service ("Terms") govern use of the public website at omniseller.co (the "Website"), operated by Omni Seller Commerce LLC ("OSC," "Omni Seller," "we," "us," or "our"), a Wyoming limited liability company. Please read these Terms before using the Website. If you do not agree to them, please do not use the Website.

1. Website terms and signed client agreements

Our marketplace management, advisory, retail media and Constellation services are provided under separate written client services agreements, statements of work and applicable addenda (together, the "Client Agreement"). The Client Agreement governs the engagement, including its scope, fees, payment terms, duration, termination, confidentiality, ownership of deliverables, warranties, indemnification, liability and dispute resolution.

If these Terms conflict with a Client Agreement, the Client Agreement controls. An executed Omni Seller Constellation Data Use Addendum controls conflicts concerning its subject matter as provided in that addendum; the remaining Client Agreement stays in effect. These Terms do not replace or amend a signed agreement.

Visiting the Website, submitting an inquiry, booking a meeting or viewing a sample report does not create a paid engagement, activate Constellation or authorize access to marketplace accounts or client data.

2. Permitted website use

The Website is intended for business users evaluating or working with Omni Seller. You may use it for lawful purposes and must have authority to provide any information you submit on behalf of a business.

You must not use the Website to commit fraud, impersonate another person or business, violate another party's rights, transmit malicious code, interfere with the Website's operation, bypass access controls, or attempt to access systems, accounts or data without authorization. Do not submit account passwords, payment card details or shopper records through public inquiry forms.

3. Services and third-party marketplaces

Website descriptions explain our capabilities; they are not a promise that every service, marketplace or integration is included in every engagement. The Client Agreement defines the services and responsibilities that apply to each client.

An engagement with OSC does not itself grant approval or permission to sell on a marketplace. Marketplace admission, listing eligibility and account decisions remain with the relevant platform. Clients are responsible for the selling rights, product information, approvals and third-party relationships required under their Client Agreement. Separate software, marketplace, integration and fulfillment arrangements may have their own terms and fees.

4. Constellation and authorized client data

Omni Seller Constellation collects, organizes, normalizes, combines and analyzes authorized data to generate reports and commercial insights. We activate it only for clients that have authorized its use in writing through their Client Agreement or an applicable addendum.

"Client Data" means data provided by or on behalf of a client or accessed through client-authorized accounts, integrations, APIs or platforms. Access, ingestion, storage, processing and analysis of Client Data are governed by the Client Agreement, applicable law and relevant third-party platform requirements. These Website Terms do not grant us additional access to, or rights in, Client Data.

5. Data, deliverables and intellectual property

Clients retain their rights in Client Data. OSC retains its rights in Constellation and its underlying software, systems, methodologies, models, algorithms, workflows, schemas and technology. Ownership and permitted use of client-specific deliverables, including product information, listings and content created through our services, are governed by the Client Agreement.

Website text, designs, graphics and other materials are owned by OSC or its licensors unless otherwise identified. You may view and share links to these materials for legitimate business evaluation. Except as permitted by law or with the relevant owner's permission, you may not reproduce, modify, distribute or commercially exploit them. Third-party names and trademarks belong to their respective owners; their appearance does not itself imply endorsement.

6. Privacy, confidentiality and technology providers

Our Privacy Policy describes how we handle website visitor information, business contact information and data processed for clients, including our practices regarding analytics, artificial intelligence tools and third-party model training. Client Data is handled under the confidentiality and data-protection provisions of the Client Agreement.

Where authorized by the Client Agreement, Constellation may use third-party hosting, database, analytics, artificial intelligence and other technology providers subject to appropriate confidentiality and data-protection obligations. No provider receives broader rights to Client Data merely because these Terms are posted. Applicable data-use restrictions and our stated privacy commitments continue to apply.

7. Aggregated and de-identified information

Any use of client-derived information for cross-client benchmarks, service development or other aggregated insights must be permitted by the applicable Client Agreement and comply with relevant platform restrictions, applicable law and our stated privacy commitments. Such information must not reasonably identify a client or disclose its confidential information, and any required client consent must be obtained. Visiting the Website or accepting these Terms is not consent to cross-client benchmarking or an expansion of our data-use rights.

8. Reports, recommendations and business decisions

Constellation reports and recommendations depend on available source data, coverage, channel terms and stated assumptions. They support commercial decisions; they are not an audit, assurance engagement, or legal or tax opinion. Sample reports on the Website are illustrative and are not a forecast or a guarantee of results.

Constellation does not itself authorize changes to bids, budgets, listings, inventory or assortment. Any execution by OSC is subject to the authority and scope agreed with the client. Nothing on the Website guarantees a particular sales level, margin, advertising return or marketplace outcome, or reduces any service obligation expressly stated in a Client Agreement.

9. External links and third-party services

The Website may link to or embed third-party services, including scheduling tools and video players. Those services are operated by their providers and may be subject to separate terms and privacy policies. We do not control their independent content or availability. This does not reduce obligations we have agreed to regarding providers we engage to process Client Data.

10. Website disclaimers and limits of liability

To the fullest extent permitted by law, the public Website and its general informational content are provided "as is" and "as available," without express or implied warranties, including warranties of merchantability, fitness for a particular purpose or non-infringement. We do not warrant that the Website will be uninterrupted, error-free or free of harmful components.

To the fullest extent permitted by law, OSC and its officers, employees, contractors and affiliates will not be liable for indirect, incidental, special, consequential or punitive damages arising from use of, or inability to use, the public Website. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

These Website disclaimers do not replace the warranties, standards of performance, limitations of liability or indemnification provisions in a Client Agreement. Liability for paid services, including any agreed fee-based cap, and any client-service indemnification obligations are governed by that agreement.

11. Website availability and changes to these Terms

We may update, suspend or discontinue public Website content or restrict access to address misuse, security concerns or legal requirements. Suspension or termination of paid services, and treatment of Client Data when an engagement ends, remain governed by the Client Agreement and applicable law.

When we update these Terms, we will post the revised version and effective date here. Changes apply prospectively, subject to any notice or consent required by law. Posting revised Website Terms does not amend a Client Agreement or authorize a new use of Client Data; amendments to signed agreements must follow their agreed amendment procedures.

12. Governing law and general provisions

Subject to applicable mandatory law, these Website Terms are governed by New Hampshire law, without regard to its conflict-of-law rules. Disputes arising from these Website Terms are subject to the exclusive jurisdiction of the state and federal courts located in New Hampshire. Disputes under a Client Agreement follow that agreement's governing-law and dispute-resolution provisions.

If a provision of these Terms is held unenforceable, the remaining provisions remain in effect to the extent permitted by law. A failure or delay in enforcing a provision does not waive the right to enforce it later.

13. Contact

Questions about these Website Terms may be sent through our contact page or by mail to:

Formal notices under a Client Agreement must be delivered using that agreement's notice provisions.