Terms & Conditions
This is the part of the site where we explain what you can and can’t do on our site.
Welcome to one of the less interesting parts of our page. Honestly, you’re probably one of five people that are responsible enough to make it onto this page so good for you! We are ODDO and as you may already know, we make intimate goods and occasionally host conversations about health, body, and identity via our emails, body manuals, and our site. Please read our terms of service before you peruse our site because they explain your rights and obligations when you’re shopping, or any time you buy something or sign up for our emails.
By using our Site, you’re acknowledging that you have read this agreement and agreed to be legally bound by these terms and conditions (the “Terms”). If you don’t want to be bound by these Terms, you should x-out of this site and never return! Or, you know, return when you agree to these terms.
We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms (which will always be located on the site) will govern our relationship with you. We will try to notify you of material revisions; for example, via an announcement on our home page or by sending you an email. Your continued use of the Services constitutes your acceptance of any such revisions. You should periodically visit this page to review our most up-to-date Terms.
- What you may use our site for. You may use the Services and display the content available on the Services solely for your own personal non commercial use. Any other use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, use of the Services, access to the Services, or any material we provide because that would, quite frankly, be a bummer, a violation of copyright law, and it would anger our lawyer...which, trust us, would be very scary for you! (P.S.—Elizabeth, if you are reading this, we love and appreciate you because you are scary.)
To use our Services, you must be more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and you must be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you must be over the age of 13, as the web site is not intended for children under 13.
Everything that appears on the Services is protected under the copyright laws of the United States and other countries and may not be used except as provided in these Terms. We neither represent nor warrant that your use of materials displayed by the Services will not infringe rights of third parties.
Basically, we’re not doctors.
While we use reasonable efforts to include accurate and up to date information at the Site and in the Services, we make no warranties or representations about the information we provide. We disclaim any and all liability for the accuracy, completeness, or correctness of such information.
The content on the Services is provided for your information and education only. Our Products and Services, including the contents of the Site, are not meant to diagnose, treat, prevent or cure any medical condition, and should not be used as a substitute for consulting a doctor or other health professional.
Although we do our best to include the most accurate and unbiased information, at the end of the day—ODDOBODY does not provide medical advice. Before making any medical decision in relation to your body, please consult with a professional.
Stuff about orders and payment.
We use a third-party electronic payment processor to process transactions when you purchase Products or Services. You are responsible for providing us with complete, accurate, and up-to-date information for us to process your payment and fulfill your order. When you make a purchase through the Site, you will provide your payment details and any additional information required to complete your order directly to our third-party payment processor. You authorize us, as necessary, to instruct our third-party payment processor to handle such transactions. You acknowledge that each third-party payment processor has its own terms and conditions of use and that we are not responsible for said terms and conditions. In the event or conflict between this Agreement and the third-party payment processor’s terms and conditions regarding the Services, this Agreement shall prevail.
You agree that we will not be liable for any loss caused by any unauthorized use of your credit card by a third party in connection with the Services. All purchases and charges are non-refundable unless we specifically state otherwise in this Agreement, or unless it is otherwise provided by applicable law.
About our subscription underwear service.
As part of our Services, we offer ODDO renew, an ongoing, automatically renewing subscription to receive our Products on a recurring basis. If you sign up for ODDO renew, you agree to allow us to charge the subscription fee to your credit card on a recurring basis. For example, if you choose a monthly subscription, you will be billed each month unless and until you cancel. Your ODDO Renew subscription must have 3 total orders fulfilled and paid for before you are able to cancel your subscription. Your ODDO Renew subscription will automatically renew, unless you change or cancel your service in your account page on our site or provide written notice of cancellation by (emailing us at email@example.com) at least 15 days prior to the end of the then current subscription term. You will be responsible for all charges incurred with respect to any order processed prior to the cancellation of your subscription. All recurring payments are fully earned upon payment.
Your ODDO renew subscription will be deactivated without further notice if payment is more than 3 days past due, regardless of the dollar amount, until such time as the past due payments have been fully satisfied.
We’ll do our best to protect your info.
While we use reasonable efforts to safeguard the security of the Services, there can be no guaranty that such safeguards will successfully prevent unauthorized alterations in the content or functionality of the Services. We assume no liability or responsibility for any unauthorized alterations in the content or functionality of the Services.
We use reasonable precautions to protect the privacy of username, password and account information. You, however, are ultimately responsible for protecting your username, password and account information from disclosure to third parties. You are required to take reasonable precautions to safeguard your username, password and account information. You are solely responsible for any activity that occurs with respect to your username and password. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or interruption. We reserve the right, but do not assume responsibility, to monitor or review any activity on our services.
Why we don’t “do” warranties.
We make no representations about the suitability of the content of this Site for any purpose, nor that your use of the Services will be uninterrupted or error-free. EVERYTHING IN THE SERVICES IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
What we are liable for.
We do not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Services. Your use of the Services and browsing in the Site are at your risk. WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE OR THE SERVICES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Stuff about our trademarks.
The trademarks, logos, and service marks displayed on the Services (collectively the “Trademarks”) are registered and unregistered Trademarks belonging to us or to others. Nothing contained in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark without our written permission or the written permission of such third party that may own the Trademarks. Your use of the Trademarks, or any other content on the Services, except as provided in these Terms, is strictly prohibited. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Other people’s links.
We are not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
Anything you send us.
- Material that infringes the copyright, trademark, or other intellectual property rights of other parties;
- Material or statements which contain vulgar, obscene, or indecent statements or graphical images;
- Defamatory or abusive statements;
- Statements which threaten the person of others;
- Advertising or other forms of solicitation;
- Personal, private, or sensitive information pertaining to or belonging to anyone other than You;
- Statements which are bigoted, hateful, racially offensive, or which endorse or advocate illegal or immoral activity.
We retain the right to remove any such posting and will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials.
You agree that you will not use any robot, spider, Web crawler, screen scraper, automated query program or other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our Web site without our prior expressed written permission or the express written permission of an appropriate third party.
If you click other people’s ads on our site.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and that advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
How we notify you of things.
We may give notice to our users by means of a general notice on this Site, electronic mail to a user’s email address on our records, or by written communication sent by first class mail to a user’s address on its records. You can contact us by sending an email to firstname.lastname@example.org.
General information about these terms.
These terms and conditions shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in New York County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provisions of these Terms shall be unlawful, void, or for any reason unenforceable, then the provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
SMS mobile message marketing program Terms and Conditions
The ODDOBODY mobile message service (the "Service") is operated by ODDOBODY (“ODDOBODY”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to ODDOBODY’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of ODDOBODY through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include discounts, product launches, exclusive offers, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with ODDOBODY. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +18333947665 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other ODDOBODY mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +18333947665 or email email@example.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.