TERMS OF SERVICE AND WEBSITE DISCLAIMER
Daka International Limited (Trading as OddityOps)
Last Revised: October 1, 2025
PREAMBLE
These Terms of Service and Website Disclaimer (hereinafter “Terms”) constitute a legally binding agreement between Daka International Limited, a company incorporated under the laws of Hong Kong Special Administrative Region and operating under the tradename “OddityOps” (hereinafter referred to as “the Company,” “OddityOps,” “we,” “us,” or “our”), and any individual or entity accessing or utilizing our website, services, or materials (hereinafter referred to as “Client,” “Inventor,” “User,” “you,” or “your”).
By accessing, browsing, or utilizing this website or any services provided by OddityOps, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with any provision contained herein, you must immediately cease all use of our website and services.
The Company reserves the unilateral right to modify, amend, or update these Terms at any time and for any reason, without prior notice to users. Any such modifications shall become effective immediately upon posting to our website. Your continued use of our website or services following the posting of revised Terms constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically to ensure awareness of any modifications.
1. DEFINITIONS AND INTERPRETATION
For the purposes of these Terms, the following definitions shall apply:
“Confidential Information” means any and all proprietary, technical, commercial, or personal information disclosed by either party to the other, whether in written, oral, electronic, or visual form, including but not limited to invention concepts, designs, specifications, business plans, financial information, customer data, manufacturing processes, and trade secrets.
“Deliverables” means any tangible or intangible work product created by OddityOps pursuant to a service agreement, including but not limited to product designs, technical drawings, prototypes, marketing materials, business plans, and related documentation.
“Intellectual Property” means all patents, patent applications, trademarks, service marks, trade names, copyrights, trade secrets, proprietary information, know-how, and any other intellectual property rights, whether registered or unregistered.
“Services” means the product development, design, prototyping, manufacturing coordination, marketing, licensing facilitation, and related consulting services provided by OddityOps.
“Service Agreement” means any written contract executed between OddityOps and a Client for the provision of specific services, which incorporates these Terms by reference.
“Site” means the OddityOps website, including all pages, subdomains, and related digital properties.
In these Terms, unless the context otherwise requires: (a) references to the singular include the plural and vice versa; (b) headings are for convenience only and do not affect interpretation; (c) references to “including” shall mean “including without limitation”; and (d) references to statutory provisions include those provisions as amended or re-enacted from time to time.
2. CONFIDENTIALITY OBLIGATIONS AND NON-DISCLOSURE
2.1 Commitment to Confidentiality
OddityOps recognizes that the protection of proprietary information is of paramount importance to inventors and entrepreneurs. Accordingly, the Company commits to maintaining the strictest standards of confidentiality with respect to all invention ideas, concepts, designs, technical specifications, business strategies, and any other proprietary information disclosed to us by Clients.
The Company has implemented comprehensive policies and procedures designed to safeguard Confidential Information against unauthorized access, disclosure, or use. These measures include, but are not limited to, restricted access controls, secure data storage systems, encrypted communications, and mandatory confidentiality training for all personnel.
2.2 Scope of Confidential Information
All information submitted to OddityOps by Clients, whether submitted through our website, email, telephone, in-person meetings, or any other medium, shall be deemed Confidential Information and shall be afforded the protections set forth in these Terms. This includes, without limitation:
Information relating to invention concepts, including technical specifications, functional descriptions, intended applications, and potential markets; product designs, including sketches, renderings, computer-aided design files, technical drawings, and dimensional specifications; prototype materials, samples, and working models; business plans, marketing strategies, pricing structures, and financial projections; patent applications, patent search results, and freedom-to-operate analyses; supplier relationships, manufacturer contacts, and distribution channels; customer lists, market research data, and competitive analyses; and any other information that a reasonable person would understand to be proprietary or confidential in nature.
2.3 Obligations of the Company
OddityOps agrees and undertakes that it shall not, without the prior written consent of the Client, disclose any Confidential Information to any third party, except as expressly permitted under these Terms or as required by applicable law. The Company further agrees that it shall use Confidential Information solely for the purpose of evaluating the commercial viability of the Client’s invention and providing the contracted services, and for no other purpose whatsoever.
All employees, contractors, consultants, and agents of OddityOps who may have access to Confidential Information are required to execute written confidentiality agreements that impose obligations no less restrictive than those contained in these Terms. The Company shall be responsible for any breach of confidentiality by its personnel or representatives.
2.4 Permitted Disclosures to Third Parties
The Company acknowledges that the successful development and commercialization of inventions often requires the involvement of specialized third-party service providers, including but not limited to patent attorneys, prototype manufacturers, industrial designers, marketing consultants, and potential licensees or distributors.
OddityOps may disclose Confidential Information to such third parties only under the following conditions: (a) the Client has provided explicit written authorization for such disclosure, either through pre-approval of specific categories of service providers or through case-by-case approval; (b) the third party has executed a written confidentiality agreement containing terms substantially similar to those in these Terms; (c) the disclosure is limited to the minimum information necessary for the third party to perform its designated function; and (d) OddityOps has conducted appropriate due diligence to verify the reliability and trustworthiness of the third party.
The Client hereby grants pre-approval for disclosure of Confidential Information to the following categories of service providers, subject to the execution of appropriate confidentiality agreements: licensed patent attorneys and patent agents for the purpose of conducting patent searches, preparing patent applications, or providing freedom-to-operate opinions; prototype manufacturers and fabrication facilities for the purpose of creating physical samples or working models; industrial designers and engineering consultants for the purpose of refining product designs or conducting technical analyses; and marketing and branding agencies for the purpose of developing promotional materials or market research.
Notwithstanding the foregoing, OddityOps shall provide the Client with advance written notice of any proposed disclosure to a third party, including the identity of the third party and the nature of the information to be disclosed, and the Client shall have the right to withhold consent to any such disclosure.
2.5 Exceptions to Confidentiality Obligations
The confidentiality obligations set forth in these Terms shall not apply to information that: (a) is or becomes part of the public domain through no fault or breach of obligation by OddityOps; (b) was in the lawful possession of OddityOps prior to disclosure by the Client, as evidenced by contemporaneous written records; (c) is independently developed by OddityOps without reference to or use of the Client’s Confidential Information, as evidenced by contemporaneous written records; (d) is rightfully obtained by OddityOps from a third party who is not under any obligation of confidentiality with respect to such information; or (e) is required to be disclosed pursuant to applicable law, regulation, court order, or governmental directive, provided that OddityOps shall, to the extent legally permissible, provide the Client with prompt written notice of such requirement and reasonable opportunity to seek a protective order or other appropriate remedy.
2.6 Return and Destruction of Confidential Materials
Upon the termination or expiration of the relationship between OddityOps and the Client, or upon written request by the Client at any time, OddityOps shall promptly return to the Client all tangible materials containing or reflecting Confidential Information, including but not limited to documents, prototypes, samples, drawings, and electronic storage media. Alternatively, at the Client’s election, OddityOps shall destroy all such materials and provide written certification of such destruction.
Notwithstanding the foregoing, OddityOps may retain one archival copy of Confidential Information solely for the purpose of demonstrating compliance with legal or regulatory obligations, provided that such archival copy shall remain subject to the confidentiality obligations set forth in these Terms and shall not be accessed or used except as required by law.
2.7 Duration of Confidentiality Obligations
The confidentiality obligations set forth in these Terms shall survive the termination or expiration of any Service Agreement and shall continue in perpetuity with respect to information that constitutes a trade secret under applicable law. With respect to other Confidential Information, the confidentiality obligations shall continue for a period of five years from the date of disclosure, unless a longer period is specified in a separate written agreement between the parties.
3. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
3.1 Client Retention of Intellectual Property Rights
OddityOps unequivocally acknowledges and agrees that the Client retains full, complete, and exclusive ownership of all Intellectual Property rights in and to the invention, concept, or product idea submitted to OddityOps, including but not limited to all patents, patent applications, trademarks, copyrights, trade secrets, and other proprietary rights.
Nothing in these Terms or in any Service Agreement shall be construed as granting to OddityOps any ownership interest, license, or other right in or to the Client’s Intellectual Property, except as expressly set forth in Section 3.4 below. The Company makes no claim whatsoever to the Client’s invention or any derivative works, improvements, or modifications thereof.
3.2 Ownership of Work Product and Deliverables
All work product, designs, prototypes, marketing materials, and other Deliverables created by OddityOps in the course of providing Services to the Client shall, upon full payment of all fees due under the applicable Service Agreement, become the sole and exclusive property of the Client. OddityOps hereby assigns to the Client all right, title, and interest in and to such Deliverables, including all Intellectual Property rights therein.
Prior to full payment, OddityOps shall retain legal title to all Deliverables as security for payment, but the Client shall be deemed to have an equitable interest in such Deliverables. Upon receipt of full payment, OddityOps shall execute any additional documents reasonably necessary to evidence the transfer of ownership to the Client.
3.3 OddityOps Retention of Methodologies and Know-How
Notwithstanding the foregoing, OddityOps shall retain ownership of its proprietary business methodologies, processes, techniques, know-how, and general expertise developed prior to or independently of the engagement with the Client. Such methodologies and know-how are not specific to any particular Client’s invention and constitute the Company’s general intellectual capital.
The Client acknowledges that OddityOps may use such general methodologies and know-how in providing services to other clients, provided that such use does not involve the disclosure of the Client’s Confidential Information or Intellectual Property.
3.4 Limited License for Service Provision
The Client hereby grants to OddityOps a limited, non-exclusive, non-transferable license to use the Client’s Confidential Information and Intellectual Property solely for the purpose of performing the Services set forth in the applicable Service Agreement. This license shall automatically terminate upon completion of the Services or termination of the Service Agreement, whichever occurs first.
3.5 Protection of OddityOps Website and Materials
All content appearing on the OddityOps website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Daka International Limited or its content suppliers and is protected by Hong Kong and international copyright laws. The compilation of all content on this Site is the exclusive property of Daka International Limited and is protected by Hong Kong and international copyright laws.
Users are prohibited from reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Site, use of the Site, or access to the Site without the express written permission of OddityOps. Unauthorized use of OddityOps trademarks, service marks, or logos may constitute trademark infringement and unfair competition in violation of applicable laws and may subject the user to civil and criminal penalties.
4. SERVICE GUARANTEES, LIMITATIONS, AND DISCLAIMERS
4.1 Money-Back Guarantee: Terms and Conditions
OddityOps stands behind the quality of its work and offers a money-back guarantee designed to provide Clients with financial protection and peace of mind. This guarantee operates under the following terms and conditions:
The guarantee applies exclusively to situations where OddityOps fails to deliver the specific services and Deliverables expressly set forth in the executed Service Agreement. If the Company does not provide the agreed-upon work product within the timeframe specified in the Service Agreement, or if the Deliverables fail to meet the quality standards and specifications explicitly defined in the Service Agreement, the Client may request a full or partial refund.
To invoke the money-back guarantee, the Client must submit a written refund request to OddityOps within thirty days of the scheduled delivery date specified in the Service Agreement. The refund request must specify in detail the nature of the Company’s failure to perform and must provide the Company with a reasonable opportunity to cure any deficiencies. If OddityOps is unable to cure the deficiencies within a reasonable timeframe, the Client shall be entitled to a refund proportionate to the services not delivered or the extent of the deficiency.
All refunds shall be processed through the third-party escrow service provider designated in the Service Agreement, in accordance with the escrow agreement’s dispute resolution procedures. Refunds shall be issued within fourteen business days of the resolution of any dispute.
The money-back guarantee expressly does NOT apply to, and OddityOps shall have no liability or refund obligation with respect to: (a) the commercial success, market acceptance, or profitability of the Client’s invention or product; (b) the actions, decisions, or failures of third parties, including but not limited to patent offices, manufacturers, suppliers, distributors, retailers, or potential licensees; (c) changes in the Client’s requirements, specifications, or scope of work after execution of the Service Agreement, unless OddityOps has agreed in writing to such changes; (d) delays or failures caused by the Client’s failure to provide necessary information, materials, approvals, or cooperation in a timely manner; (e) market conditions, economic factors, competitive developments, or changes in consumer preferences that affect the viability of the invention; or (f) force majeure events or circumstances beyond the reasonable control of OddityOps.
4.2 Escrow Protection Mechanism
To provide Clients with enhanced financial security and to ensure alignment of incentives between the parties, all payments for Services shall be deposited with and held by a mutually agreed-upon third-party escrow service provider. The escrow arrangement shall operate as follows:
Upon execution of a Service Agreement, the Client shall deposit the agreed-upon fees into an escrow account maintained by the escrow service provider. The funds shall remain in escrow and shall not be released to OddityOps until the Client has received and approved the corresponding Deliverables. The Service Agreement shall specify milestone-based release conditions, whereby portions of the escrowed funds are released upon the Client’s approval of designated Deliverables or completion of specified phases of work.
The Client shall have a reasonable period, as specified in the Service Agreement, to review each Deliverable and either approve it for payment or identify specific deficiencies requiring correction. If the Client identifies deficiencies, OddityOps shall have a reasonable opportunity to address such deficiencies before the Client may reject the Deliverable or request a refund.
In the event of a dispute regarding the quality or completeness of Deliverables, the escrow service provider shall hold the funds pending resolution of the dispute through the dispute resolution procedures set forth in Section 9 of these Terms. The escrow arrangement provides protection for both parties: the Client’s funds are protected until satisfactory work is delivered, and OddityOps is assured of payment upon successful completion of its obligations.
4.3 Disclaimer Regarding Commercial Success and Market Performance
OddityOps provides professional services in the fields of product development, industrial design, prototyping, marketing strategy, and licensing facilitation. The Company brings to bear substantial expertise, experience, and industry relationships in performing these Services. However, the commercial success of any invention or product depends upon a multitude of factors, many of which are beyond the control of OddityOps or any service provider.
Accordingly, OddityOps expressly disclaims any guarantee, warranty, or representation, whether express or implied, regarding: (a) the commercial viability, market acceptance, or profitability of the Client’s invention or any product developed therefrom; (b) the likelihood that the Client will recover the investment made in product development services or realize any particular level of revenue or profit; (c) the willingness of manufacturers to produce the Client’s product or the terms upon which manufacturing services may be available; (d) the willingness of retailers, distributors, or other channel partners to stock, promote, or sell the Client’s product; (e) the ability to secure licensing agreements with third parties or the terms upon which such agreements may be available; (f) the patentability of the Client’s invention or the likelihood that patent applications will result in issued patents; (g) the freedom to operate without infringing third-party Intellectual Property rights; or (h) the absence of competitive products or the Client’s ability to compete effectively in the marketplace.
The success or failure of any invention in the marketplace is influenced by numerous variables, including but not limited to: the inherent utility and appeal of the product to consumers; the existence and strength of competitive products; pricing and cost structures; the quality and effectiveness of marketing and promotional efforts; distribution channel access and relationships; timing and market readiness; macroeconomic conditions and consumer spending patterns; regulatory requirements and compliance costs; and factors of luck, timing, and circumstances beyond anyone’s control.
Clients are strongly advised to conduct their own independent market research, competitive analysis, and financial due diligence before investing in product development services. Clients should consult with financial advisors, business consultants, and other professionals as appropriate to assess the risks and potential rewards associated with pursuing their invention.
4.4 Commitment to Honest Evaluation and Transparent Advice
Unlike certain other companies operating in the invention services industry, OddityOps is committed to providing honest, objective, and transparent assessments of invention concepts, even when such assessments may not be what the Client wishes to hear.
Prior to entering into any Service Agreement, OddityOps will conduct a preliminary evaluation of the Client’s invention concept at no charge. This evaluation will include an assessment of: (a) the apparent novelty of the concept and the likelihood of encountering prior art in the field; (b) the technical feasibility of developing and manufacturing the product; (c) the potential market for the product and the existence of competitive alternatives; (d) the estimated costs of development, manufacturing, and market entry; and (e) any obvious challenges, risks, or obstacles that may affect the success of the invention.
If, in the professional judgment of OddityOps, the Client’s invention concept has fundamental flaws that cannot reasonably be overcome, or if the costs and risks of development appear to substantially outweigh the potential benefits, the Company will candidly communicate these concerns to the Client. OddityOps will not accept payment for services or encourage a Client to proceed with development if the Company believes in good faith that the invention is unlikely to succeed or that the Client’s investment is unlikely to be recovered.
This commitment to honest evaluation distinguishes OddityOps from certain competitors who may accept fees from inventors regardless of the merit or viability of their concepts. While no evaluation can predict with certainty the ultimate success or failure of an invention, OddityOps believes that inventors deserve truthful, professional advice based on the Company’s experience and expertise.
5. LIMITATION OF LIABILITY AND SCOPE OF SERVICES
5.1 Definition of Service Scope and Professional Limitations
OddityOps provides specialized services in the areas of product development, industrial design, prototype fabrication, manufacturing coordination, marketing strategy development, and licensing facilitation. The Company employs professionals with expertise in engineering, design, manufacturing, and business development.
However, OddityOps is not, and does not purport to be: (a) a law firm or provider of legal services, and the Company does not provide legal advice of any kind; (b) a patent attorney or patent agent, and the Company does not provide patent prosecution services, freedom-to-operate opinions, or legal advice regarding Intellectual Property matters; (c) a financial advisory firm or investment advisor, and the Company does not provide financial planning, investment advice, or recommendations regarding the allocation of financial resources; (d) a certified public accounting firm or tax advisor, and the Company does not provide tax advice or tax planning services; (e) an insurance provider or guarantor of commercial success; or (f) a manufacturer, retailer, or distributor of products.
Clients are strongly advised to retain qualified legal counsel for all legal matters, including patent prosecution, trademark registration, contract negotiation, and regulatory compliance. Clients should consult with financial advisors regarding investment decisions and with tax professionals regarding tax implications of their business activities.
5.2 Monetary Limitation of Liability
To the maximum extent permitted by applicable law, the total aggregate liability of OddityOps, whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise, for any and all claims arising out of or relating to these Terms, any Service Agreement, or the provision of Services, shall not exceed the total amount of fees actually paid by the Client to OddityOps under the applicable Service Agreement.
This limitation of liability applies regardless of the form of action, whether in contract, tort, strict liability, or otherwise, and shall apply even if OddityOps has been advised of the possibility of such damages. The limitation shall apply to the fullest extent permitted by law in the applicable jurisdiction.
5.3 Exclusion of Consequential and Indirect Damages
To the maximum extent permitted by applicable law, OddityOps shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, business, data, or business opportunities, arising out of or relating to these Terms, any Service Agreement, or the provision of Services, even if OddityOps has been advised of the possibility of such damages.
This exclusion applies regardless of whether such damages arise from: (a) the use or inability to use Services or Deliverables; (b) the cost of procurement of substitute services; (c) unauthorized access to or alteration of Client data or Confidential Information; (d) any failure or delay in the provision of Services; (e) any errors, omissions, or inaccuracies in Deliverables; or (f) any other matter relating to the Services.
5.4 Disclaimer of Liability for Third-Party Actions
OddityOps shall not be liable for any damages, losses, or expenses arising from or relating to: (a) the actions, omissions, delays, or failures of third-party manufacturers, suppliers, fabricators, or service providers; (b) decisions by patent offices to reject patent applications or to issue patents with limited scope; (c) claims by third parties that the Client’s invention infringes their Intellectual Property rights; (d) decisions by retailers, distributors, or other channel partners not to carry, promote, or sell the Client’s product; (e) changes in market conditions, consumer preferences, or competitive dynamics; (f) actions by competitors, including the introduction of competing products or the copying of the Client’s invention; (g) regulatory actions or changes in applicable laws or regulations; or (h) any other circumstances beyond the reasonable control of OddityOps.
While OddityOps will use commercially reasonable efforts to select reliable and competent third-party service providers, the Company does not guarantee the performance of such third parties and shall not be responsible for their actions or failures.
5.5 Client Responsibilities and Obligations
The Client acknowledges and agrees that the Client bears sole responsibility for: (a) providing accurate, complete, and timely information to OddityOps regarding the invention, technical requirements, and business objectives; (b) responding promptly to requests from OddityOps for information, approvals, or decisions; (c) reviewing Deliverables within the timeframes specified in the Service Agreement and providing clear feedback regarding any deficiencies; (d) ensuring compliance with all applicable laws, regulations, and industry standards; (e) securing appropriate Intellectual Property protection, including patents, trademarks, and copyrights, through qualified legal counsel; (f) making final business decisions regarding product development, manufacturing, pricing, marketing, and distribution; (g) conducting appropriate due diligence regarding market opportunities, competitive threats, and financial risks; and (h) managing relationships with manufacturers, distributors, retailers, and other business partners.
OddityOps’ ability to provide effective Services depends in substantial part upon the Client’s fulfillment of these responsibilities. The Company shall not be liable for any delays, deficiencies, or failures resulting from the Client’s breach of these obligations.
6. DISCLAIMERS OF WARRANTIES
6.1 Services Provided on an “As-Is” Basis
Except as expressly set forth in a written Service Agreement, all Services and Deliverables are provided on an “as-is” and “as-available” basis, without warranties of any kind, whether express, implied, statutory, or otherwise.
To the maximum extent permitted by applicable law, OddityOps disclaims all warranties, including but not limited to: (a) implied warranties of merchantability, fitness for a particular purpose, and non-infringement; (b) warranties that Services will be uninterrupted, timely, secure, or error-free; (c) warranties that results obtained from the use of Services or Deliverables will be accurate, reliable, or meet the Client’s requirements; (d) warranties regarding the quality, accuracy, or reliability of any information obtained through the Services; and (e) any warranties arising from course of dealing, course of performance, or usage of trade.
6.2 No Professional or Legal Advice
Information provided on the OddityOps website, in consultations, or in any communications from the Company is for general informational purposes only and does not constitute professional advice of any kind. Specifically, such information does not constitute: (a) legal advice, and should not be relied upon as a substitute for consultation with a qualified attorney; (b) patent advice or freedom-to-operate opinions, which should be obtained from a registered patent attorney; (c) financial or investment advice, which should be obtained from a qualified financial advisor; (d) tax advice, which should be obtained from a certified public accountant or tax attorney; or (e) medical, safety, or regulatory advice.
Clients should not make any legal, financial, or business decisions based solely on information provided by OddityOps. The Company strongly recommends that Clients consult with appropriate professionals before making significant commitments or investments.
6.3 Third-Party Websites and External Links
The OddityOps website may contain links to third-party websites or resources that are not owned or controlled by OddityOps. These links are provided solely for the convenience of users and do not constitute an endorsement, sponsorship, or recommendation by OddityOps of the third-party websites or the information, products, or services offered therein.
OddityOps has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of any third-party websites. The Company shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party websites.
Users access third-party websites at their own risk and should review the terms of service and privacy policies of any third-party websites they visit. OddityOps strongly advises users to exercise caution and due diligence when interacting with third-party websites.
7. PRICING, PAYMENT TERMS, AND FINANCIAL ARRANGEMENTS
7.1 Transparent and Customized Pricing
OddityOps is committed to providing transparent, fair, and competitive pricing for all Services. Unlike certain competitors who may employ opaque or deceptive pricing practices, OddityOps provides clear, written quotations that specify all fees and costs before the Client commits to any Service Agreement.
Pricing for Services is customized based on the specific requirements of each project and takes into account factors including but not limited to: (a) the technical complexity of the invention and the level of engineering or design expertise required; (b) the scope of services requested, including the number and type of Deliverables; (c) the materials, components, and manufacturing processes required for prototype development; (d) the timeline for completion and any expedited delivery requirements; and (e) any special requirements or unique circumstances presented by the project.
All pricing quotations are provided in writing and remain valid for a period of thirty days from the date of issuance, unless otherwise specified. Quotations may be subject to adjustment if the Client’s requirements change or if unforeseen technical challenges arise during the course of the project, but any such adjustments shall be communicated to and approved by the Client before additional work is performed.
7.2 Payment Structure and Milestone-Based Billing
Payment for Services is structured to align the interests of OddityOps and the Client and to provide the Client with opportunities to evaluate progress before committing additional funds. The typical payment structure is as follows:
Initial Consultation and Evaluation: OddityOps provides a complimentary initial consultation and preliminary evaluation of the Client’s invention concept at no charge. This consultation allows the Client to discuss the invention with OddityOps professionals, receive preliminary feedback, and obtain a written quotation for Services, without any financial obligation.
Milestone-Based Payments: Upon execution of a Service Agreement, the project is divided into defined milestones, each associated with specific Deliverables. Payment for each milestone is deposited into escrow at the commencement of work on that milestone and is released to OddityOps upon the Client’s approval of the corresponding Deliverables. This structure ensures that the Client pays only for work that has been completed to the Client’s satisfaction.
Final Payment: Upon completion of all Services and delivery of all Deliverables specified in the Service Agreement, any remaining balance is released from escrow to OddityOps. The Client retains the right to withhold final payment if any Deliverables fail to meet the specifications set forth in the Service Agreement, subject to the dispute resolution procedures in Section 9.
7.3 Refund Policy and Procedures
Refunds are governed by the money-back guarantee set forth in Section 4.1 of these Terms and by the specific terms of the applicable Service Agreement. To request a refund, the Client must submit a written request to OddityOps within thirty days of the scheduled delivery date for the relevant Deliverables, specifying in detail the basis for the refund request.
Upon receipt of a refund request, OddityOps will investigate the matter and respond within ten business days. If the Company agrees that a refund is warranted, the refund will be processed through the escrow service provider within fourteen business days. If the Company disputes the refund request, the matter shall be resolved through the dispute resolution procedures set forth in Section 9.
Refunds are issued using the same payment method used for the original transaction, unless otherwise agreed by the parties. All refunds are subject to deduction of any third-party fees or costs that are non-recoverable by OddityOps, such as escrow service fees or payment processing fees.
7.4 Currency and Exchange Rate Considerations
All fees, costs, and other amounts payable under these Terms or any Service Agreement are denominated and payable in United States Dollars (USD). Clients located outside the United States who wish to pay in their local currency may do so, but the amount due shall be calculated based on the prevailing exchange rate at the time of payment.
Exchange rate fluctuations between the date of quotation and the date of payment are the responsibility of the Client. OddityOps reserves the right to adjust invoiced amounts to account for significant exchange rate movements that occur between quotation and payment. Any such adjustments will be communicated to the Client before payment is processed.
Clients are responsible for any bank fees, wire transfer fees, currency conversion fees, or other transaction costs associated with making payments to OddityOps. The full invoiced amount must be received by OddityOps, and Clients should ensure that any such fees are paid separately or added to the payment amount.
8. PRIVACY, DATA PROTECTION, AND INFORMATION SECURITY
8.1 Collection and Use of Personal Information
In the course of providing Services, OddityOps collects and processes certain personal information about Clients, including but not limited to names, contact information, business information, and financial information. The Company’s practices regarding the collection, use, storage, and disclosure of personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference and is available on our website.
OddityOps is committed to protecting the privacy and security of Client information and complies with all applicable data protection laws and regulations, including the General Data Protection Regulation (GDPR) where applicable to European clients, the California Consumer Privacy Act (CCPA) where applicable to California residents, and the Personal Data (Privacy) Ordinance of Hong Kong.
Clients have certain rights with respect to their personal information, including the right to access, correct, delete, or restrict the processing of their information, subject to legal and contractual limitations. Clients may exercise these rights by contacting OddityOps using the contact information provided in Section 13 of these Terms.
8.3 Data Retention and Deletion
OddityOps retains Client information for the following periods: (a) for active projects, during the term of the engagement plus two years following completion; (b) for completed projects, for a period of seven years following completion, to comply with legal, tax, and regulatory requirements; and (c) for marketing communications, until the Client opts out of receiving such communications.
Upon expiration of the applicable retention period, or upon request by the Client (subject to legal retention requirements), OddityOps will securely delete or anonymize Client information. Clients may request deletion of their information at any time by contacting OddityOps, but the Company may retain information to the extent required by law, regulation, or legitimate business purposes such as defending against legal claims.
9. DISPUTE RESOLUTION AND GOVERNING LAW
9.1 Commitment to Good Faith Negotiation
OddityOps values its relationships with Clients and is committed to resolving any disputes or disagreements in a professional, efficient, and amicable manner. In the event that any dispute, controversy, or claim arises out of or relates to these Terms, any Service Agreement, or the provision of Services (collectively, a “Dispute”), the parties agree to first attempt to resolve the Dispute through good faith negotiation.
Either party may initiate the negotiation process by providing written notice to the other party describing the nature of the Dispute and proposing a time and method for discussion. The parties shall then engage in direct discussions, either in person, by telephone, or by videoconference, in an effort to reach a mutually acceptable resolution. Each party shall be represented in such discussions by individuals with authority to settle the Dispute.
The parties shall engage in good faith negotiations for a period of at least thirty days before pursuing other dispute resolution mechanisms. During this period, both parties shall refrain from initiating formal legal proceedings, except as necessary to prevent the expiration of any applicable statute of limitations or to seek emergency injunctive relief.
9.2 Mediation
If the parties are unable to resolve the Dispute through good faith negotiation within thirty days, either party may submit the Dispute to mediation. Mediation shall be conducted by a mutually agreed-upon mediator with expertise in commercial disputes and, preferably, experience in the product development or invention services industry.
If the parties cannot agree on a mediator within fourteen days of the request for mediation, either party may request that a mediator be appointed by the Hong Kong International Arbitration Centre or another reputable dispute resolution organization. The costs of mediation, including the mediator’s fees and any administrative fees, shall be shared equally by the parties, unless they agree otherwise.
Mediation shall be conducted in accordance with the mediator’s standard procedures and shall be completed within sixty days of the mediator’s appointment, unless the parties agree to an extension. All mediation proceedings shall be confidential, and any settlement reached through mediation shall be documented in a written agreement signed by both parties.
9.3 Binding Arbitration
If the parties are unable to resolve the Dispute through mediation, or if either party declines to participate in mediation, the Dispute shall be finally resolved by binding arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) in accordance with the HKIAC Administered Arbitration Rules in effect at the time of the arbitration.
The arbitration shall be conducted by a single arbitrator appointed in accordance with the HKIAC Rules. The seat of arbitration shall be Hong Kong. The language of the arbitration shall be English. The arbitrator shall have the authority to grant any remedy or relief that would be available in court, including injunctive relief, specific performance, and monetary damages.
The arbitrator’s decision shall be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction. The parties waive any right to appeal the arbitrator’s decision, except on the limited grounds available under the laws of Hong Kong for vacating or modifying arbitration awards.
Each party shall bear its own attorneys’ fees and costs in connection with the arbitration, unless the arbitrator determines that one party’s claims or defenses were frivolous or brought in bad faith, in which case the arbitrator may award attorneys’ fees and costs to the prevailing party.
9.4 Governing Law
These Terms, any Service Agreement, and any Dispute arising out of or relating to the foregoing shall be governed by and construed in accordance with the substantive laws of the Hong Kong Special Administrative Region, without regard to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
9.5 Jurisdiction and Venue
Subject to the arbitration provisions set forth in Section 9.3, the parties agree to submit to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region for any legal proceedings arising out of or relating to these Terms or any Service Agreement. Each party irrevocably waives any objection to venue in such courts and any claim that such courts are an inconvenient forum.
10. INDEMNIFICATION
The Client agrees to indemnify, defend, and hold harmless Daka International Limited (trading as OddityOps), its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, contractors, and representatives (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to:
(a) any breach by the Client of these Terms or any Service Agreement; (b) any violation by the Client of applicable laws, regulations, or third-party rights; (c) any claim that the Client’s invention, product, or Intellectual Property infringes, misappropriates, or otherwise violates the Intellectual Property rights or other proprietary rights of any third party; (d) any personal injury, property damage, or other harm caused by the Client’s product or any defect therein; (e) any misuse by the Client of Services or Deliverables provided by OddityOps; (f) any false, misleading, or inaccurate information provided by the Client to OddityOps; or (g) any negligent or wrongful act or omission by the Client.
The Client’s indemnification obligations shall include the duty to defend the Indemnified Parties against any such claims and to pay any judgments, settlements, or other amounts awarded against the Indemnified Parties. OddityOps shall provide the Client with prompt written notice of any claim for which indemnification is sought and shall cooperate with the Client in the defense of such claim. OddityOps reserves the right to participate in the defense of any claim at its own expense.
11. TERMINATION OF SERVICES AND EFFECT THEREOF
11.1 Termination by Client
The Client may terminate any Service Agreement at any time by providing written notice to OddityOps. Termination shall be effective upon receipt of such notice by OddityOps, or on such later date as may be specified in the notice.
Upon termination by the Client: (a) the Client shall be obligated to pay for all Services performed and Deliverables provided by OddityOps up to the date of termination, calculated on a pro-rata basis according to the milestone payment structure set forth in the Service Agreement; (b) any funds held in escrow that are not owed to OddityOps for completed work shall be refunded to the Client within fourteen business days; (c) OddityOps shall promptly return to the Client all Confidential Information and materials provided by the Client, or shall destroy such materials at the Client’s election; and (d) the Client shall retain ownership of all Deliverables that have been fully paid for, and OddityOps shall deliver such Deliverables to the Client in a usable format.
11.2 Termination by OddityOps
OddityOps reserves the right to terminate any Service Agreement, with or without cause, upon providing written notice to the Client. Additionally, OddityOps may terminate a Service Agreement immediately, without prior notice, if:
(a) the Client materially breaches these Terms or the Service Agreement and fails to cure such breach within fourteen days of receiving written notice thereof; (b) the Client provides false, misleading, or materially inaccurate information to OddityOps; (c) the Client fails to make any payment when due and such failure continues for more than fourteen days after written notice; (d) the Client engages in abusive, threatening, or harassing behavior toward OddityOps personnel; (e) OddityOps determines, in its reasonable judgment, that continuing to provide Services would violate applicable law or professional ethics standards; or (f) the Client becomes insolvent, files for bankruptcy, or has a receiver or trustee appointed for its assets.
Upon termination by OddityOps, the Client shall be entitled to a refund of any fees paid for Services not yet performed, less any amounts owed to OddityOps for work completed prior to termination. All Confidential Information and materials shall be returned or destroyed as set forth in Section 11.1.
11.3 Survival of Terms Upon Termination
Termination of any Service Agreement shall not affect the continuing validity and enforceability of these Terms with respect to matters occurring prior to termination or provisions that by their nature are intended to survive termination. The following provisions shall survive termination indefinitely: Section 2 (Confidentiality Obligations), Section 3 (Intellectual Property Rights), Section 5 (Limitation of Liability), Section 6 (Disclaimers of Warranties), Section 9 (Dispute Resolution), and Section 10 (Indemnification).
12. GENERAL PROVISIONS
12.1 Entire Agreement and Integration
These Terms, together with any Service Agreement executed between the parties and the OddityOps Privacy Policy, constitute the entire agreement between the Client and OddityOps with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to such subject matter.
No amendment, modification, or waiver of any provision of these Terms shall be effective unless set forth in a written document signed by an authorized representative of OddityOps. No course of dealing or usage of trade shall be relied upon to modify or interpret these Terms.
12.2 Severability
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent, or if such modification is not possible, such provision shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected by the invalid, illegal, or unenforceable provision or its severance.
12.3 Waiver
No failure or delay by OddityOps in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. No waiver of any provision of these Terms shall be deemed a waiver of any other provision, nor shall any waiver constitute a continuing waiver unless expressly provided in writing.
12.4 Assignment and Transfer
The Client may not assign, transfer, delegate, or otherwise dispose of these Terms or any Service Agreement, whether voluntarily or by operation of law, without the prior written consent of OddityOps. Any purported assignment, transfer, or delegation in violation of this provision shall be null and void.
OddityOps may assign these Terms or any Service Agreement to any successor entity in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, without the consent of the Client. OddityOps shall provide the Client with written notice of any such assignment.
12.5 Force Majeure
OddityOps shall not be liable for any delay or failure to perform its obligations under these Terms or any Service Agreement to the extent that such delay or failure is caused by circumstances beyond the reasonable control of OddityOps, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, strikes or labor disputes, epidemics or pandemics, government actions or restrictions, failure of suppliers or subcontractors, or interruption of transportation or telecommunications services (each, a “Force Majeure Event”).
In the event of a Force Majeure Event, OddityOps shall promptly notify the Client of the nature and expected duration of the event and shall use commercially reasonable efforts to mitigate the effects of the event and to resume performance as soon as reasonably practicable. If a Force Majeure Event continues for more than sixty days, either party may terminate the affected Service Agreement upon written notice, and the Client shall be entitled to a refund of any fees paid for Services not yet performed.
12.6 Notices and Communications
All notices, requests, demands, and other communications required or permitted under these Terms shall be in writing and shall be deemed to have been duly given: (a) upon personal delivery; (b) one business day after being sent by reputable overnight courier service; (c) three business days after being sent by registered or certified mail, return receipt requested; or (d) upon confirmation of receipt when sent by email to the email address designated by the recipient.
Notices to OddityOps shall be sent to:
Daka International Limited (trading as OddityOps)
Flat C2, 9/F, Tong Yuen Factory Building
505 Castle Peak Road, Cheung Sha Wan
Hong Kong
Email: legal@oddityops.com
Attention: Legal Department
Notices to the Client shall be sent to the address and email address provided by the Client in the Service Agreement or as subsequently updated by written notice to OddityOps.
12.7 Language and Translation
These Terms are drafted in the English language. In the event that these Terms are translated into any other language, the English language version shall prevail in the event of any conflict or inconsistency between the English version and any translated version.
12.8 Headings and Interpretation
The section and subsection headings in these Terms are for convenience only and shall not affect the interpretation of these Terms. Unless the context clearly requires otherwise, references to the plural include the singular and vice versa, references to “including” mean “including without limitation,” and references to “or” are not exclusive.
12.9 No Third-Party Beneficiaries
These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns, and nothing in these Terms, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever.
13. CONTACT INFORMATION
For questions, concerns, or communications regarding these Terms, Services, or any other matter, please contact OddityOps using the following information:
Daka International Limited (trading as OddityOps)
Registered Office:
Flat C2, 9/F, Tong Yuen Factory Building
505 Castle Peak Road
Cheung Sha Wan
Hong Kong
Email: cs@oddityops.com
Website: www.oddityops.com
Business Hours: Monday through Friday, 9:00 AM to 6:00 PM Hong Kong Time (excluding public holidays)
14. ACKNOWLEDGMENT AND ACCEPTANCE
By accessing or using the OddityOps website or Services, or by executing a Service Agreement with OddityOps, the Client acknowledges and confirms that:
The Client has carefully read and fully understands these Terms in their entirety; the Client has had adequate opportunity to seek independent legal advice regarding these Terms and has either obtained such advice or voluntarily chosen to proceed without it; the Client agrees to be legally bound by all provisions of these Terms; the Client understands that OddityOps does not guarantee the commercial success, market acceptance, or profitability of any invention or product; the Client understands that invention development involves inherent risks and uncertainties, and that the Client may not recover the investment made in Services; the Client has been advised to conduct independent market research, competitive analysis, and financial due diligence before investing in product development; the Client is entering into this agreement voluntarily and without any duress or undue influence; and the Client acknowledges that these Terms contain provisions that limit the liability of OddityOps and require the use of arbitration to resolve disputes.
© 2025 Daka International Limited. All Rights Reserved.
Trading as OddityOps
END OF TERMS OF SERVICE AND WEBSITE DISCLAIMER
This document was last revised on October 1, 2025 and supersedes all prior versions.