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Terms of Service

Effective Date: February 23, 2026

These Terms of Service ("Terms") govern your access to and use of the services provided by Garner ATM LLC, doing business as Otto ("Otto," "we," "us," or "our"). By accessing or using our services, you agree to be bound by these Terms.

1. Services

Otto provides cold email infrastructure, strategy, copywriting, and list building services for B2B companies ("Services"). The specific scope of Services will be outlined in a separate agreement or statement of work between you and Otto.

2. Eligibility

By using our Services, you represent and warrant that:

  • You are at least 18 years of age
  • You have the authority to enter into these Terms on behalf of yourself or your company
  • Your use of the Services will comply with all applicable laws and regulations

3. Client Responsibilities

You agree to:

  • Provide accurate and complete information necessary for us to perform the Services
  • Respond to communications and requests in a timely manner
  • Comply with all applicable laws, including but not limited to CAN-SPAM, GDPR, and other anti-spam and data protection regulations
  • Not use our Services for any unlawful, fraudulent, or harmful purposes
  • Not send emails to purchased lists or contacts who have not consented to receive communications

4. SMS/Text Message Terms

By providing your phone number and consenting to receive text messages from Otto, you agree to the following:

Consent

By opting in to our SMS program, you expressly consent to receive recurring automated text messages from Otto at the phone number you provided. Consent is not a condition of purchasing any goods or services.

Types of Messages

You may receive messages related to:

  • Appointment scheduling and reminders
  • Service updates and follow-ups
  • Promotional offers and marketing communications
  • Important account notifications

Message Frequency and Costs

Message frequency varies. Message and data rates may apply. Check with your mobile carrier for details on your messaging plan.

Opt-Out

You may opt out of receiving text messages at any time by replying STOP to any message. Upon opting out, you will receive a single confirmation message. You will not receive further messages unless you re-subscribe.

Help

For assistance, reply HELP to any message or contact us at legal@meetotto.com.

Carrier Liability

Carriers are not liable for delayed or undelivered messages. Otto is not responsible for messages that are not delivered due to carrier issues, device incompatibility, or other factors outside our control.

Privacy

Your phone number and opt-in data will be handled in accordance with our Privacy Policy. We do not sell or share your mobile number with third parties for marketing purposes.

5. Intellectual Property

All content, materials, and intellectual property created by Otto in connection with the Services remain the property of Otto until full payment is received. Upon full payment, you will own the deliverables specifically created for you, excluding any pre-existing materials, templates, or tools owned by Otto.

6. Payment Terms

Payment terms will be specified in your service agreement. Unless otherwise agreed:

  • Invoices are due upon receipt unless otherwise specified
  • Late payments may incur additional fees
  • We reserve the right to suspend Services for non-payment

7. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of our engagement. This includes business strategies, client lists, pricing information, and any other information designated as confidential.

8. Disclaimer of Warranties

Our Services are provided "as is" and "as available." While we strive to deliver high-quality results, we do not guarantee specific outcomes, including but not limited to:

  • Email deliverability rates
  • Response rates or conversion rates
  • Number of meetings or sales generated

We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

9. Limitation of Liability

To the maximum extent permitted by law, Otto shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities, arising out of or related to these Terms or the Services.

Our total liability for any claims arising under these Terms shall not exceed the total amount paid by you for the Services in the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless Otto and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from:

  • Your violation of these Terms
  • Your violation of any applicable law or regulation
  • Your use of the Services
  • Any content or data you provide to us

11. Termination

Either party may terminate the service relationship in accordance with the terms specified in the applicable service agreement. Upon termination:

  • All outstanding payments become immediately due
  • We will provide a reasonable transition period as agreed
  • Confidentiality obligations will survive termination

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved in the courts located in Delaware.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the effective date. Your continued use of the Services after such changes constitutes acceptance of the new Terms.

14. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15. Entire Agreement

These Terms, together with any applicable service agreements, constitute the entire agreement between you and Otto regarding the Services and supersede all prior agreements and understandings.

Contact Us

If you have questions about these Terms of Service, please contact us at:

Garner ATM LLC (dba Otto)
Email: legal@meetotto.com