Terms of Service

Effective Date: January 2026

IMPORTANT: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ CAREFULLY.

PREAMBLE
This Terms of Service Agreement (the “Agreement”) constitutes a legally binding contract between Ombrezga, a Limited Liability Company organized and existing under the laws of the State of Wyoming, United States (hereinafter referred to as the “Company”, “We”, “Us”, or “Our”), and any individual or entity (the “User”, “Client”, or “Purchaser”) who visits this website or uses the digital channels and services managed by the Company.

This website primarily functions as an informational platform and showcase for the activities of the Corporate Group. Actual services, products, or transactions are conducted through separate digital channels and websites as specified or provided by the Company.

The Corporate Group operates globally and provides services and products under two main pillars:

  • Digital & Professional Services (Digital Marketing, SEO, Web Development, Brand Strategy, Artificial Intelligence (AI) Services, etc.)

  • Global Commerce Operations (management of DTC brands, international trade)
    These Terms apply globally to all interactions and transactions with the Corporate Group. The Company operates as a diversified digital management entity. While our corporate registration is within the United States, our operational management, strategic decision-making, and primary service fulfillment occur globally and outside of the United States.

ARTICLE 1: SCOPE OF SERVICES & OPERATIONAL NATURE

1.1. Corporate Group
This website serves as the central informational hub for the Corporate Group. The Company operates in two main areas:

  • Digital & Professional Services: Includes, but is not limited to, Marketing Consulting, Digital Marketing, Paid Media Management, SEO, Web Development, Brand Strategy, and Artificial Intelligence (AI) Services.

  • Global Commerce Operations: Includes the management of Direct-to-Consumer (DTC) brands and facilitation of international trade.
    These Terms apply globally to all interactions, contracts, and transactions with the Corporate Group.

1.2. International Service Provision (Non-US Tax Status Disclaimer)
You acknowledge and agree that 100% of the Company’s consulting, marketing, and digital services are provided by non-US resident personnel based in Europe, Asia, and other international jurisdictions. The Company does not maintain a permanent establishment, dependent agents, or physical offices within the United States for the provision of services. All labor and intellectual value are generated outside the US tax jurisdiction.

1.3. Digital Services & No Guarantee of Results
For clients engaging the Company for digital marketing or consulting services:

  • No Performance Warranty: The Company implements professional strategies based on industry best practices. However, we do not guarantee specific results, including specific Return on Ad Spend (ROAS), search engine rankings, lead volumes, or sales figures. Digital markets are volatile, and past performance does not guarantee future results.

  • Client Responsibility: You agree that marketing success depends on numerous factors beyond our control (e.g., product pricing, website conversion rate, market demand). The Company is not liable for financial losses due to advertising spend or market fluctuations.

1.4. Supply Chain & Fulfillment Operations (E-Commerce)
For transactions involving physical goods, the Company operates under a "Direct-to-Consumer" fulfillment model. To facilitate global distribution, the Company engages independent third-party logistics providers and international fulfillment centers. Orders are processed and dispatched directly from these external facilities to the final destination. The Company manages the digital storefront and customer experience, while physical handling and shipping are executed by external partners.

1.5. AI Usage Disclosure
The User acknowledges that parts of the Company’s services may be provided or supported by Artificial Intelligence (AI) tools, for purposes such as automation, content creation, or optimization.
The Company does not guarantee the accuracy or correctness of AI-generated outputs and maintains human oversight in the delivery of services.
The User agrees that the Company bears no liability for results produced by AI (AI-generated results).

ARTICLE 2: DISCLAIMER OF WARRANTIES ("AS IS" PROVISION)
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PROVIDES ITS WEBSITE, SERVICES, AND GOODS ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND SUCCESSFUL COMMERCIAL OUTCOME. WE DO NOT WARRANT THAT PRODUCTS SHIPPED BY THIRD PARTIES WILL BE FREE FROM DEFECTS OR THAT MARKETING CAMPAIGNS WILL YIELD A PROFIT.

ARTICLE 3: LIMITATION OF LIABILITY (THE FINANCIAL CAP)
3.1. EXCLUSION OF DAMAGES. IN NO EVENT SHALL THE COMPANY, ITS OWNERS, MANAGERS, AFFILIATES, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, DATA, ADVERTISING BUDGET, OR GOODWILL) ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION.

3.2. LIABILITY CAP. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE COMPANY’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY LOSSES OR DAMAGES SHALL BE STRICTLY LIMITED TO THE LESSER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY IN THE THREE (3) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).

ARTICLE 4: INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company and its successors from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Company’s services or products; or (c) your violation of any third-party rights, including intellectual property or privacy rights.

ARTICLE 5: DISPUTE RESOLUTION (MANDATORY ARBITRATION)
5.1. Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in Cheyenne, Wyoming, before one arbitrator. The arbitration shall be administered by the American Arbitration Association (AAA).
5.2. Confidentiality. All arbitration proceedings shall be kept strictly confidential.

ARTICLE 6: CLASS ACTION WAIVER
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

ARTICLE 7: THIRD-PARTY LOGISTICS & PRODUCT LIABILITY
7.1. Third-Party Supplier Disclaimer. The Company selects suppliers based on strict quality criteria; however, the Company is not the manufacturer of the goods sold. All products are sourced from independent third-party entities. Consequently, the Company expressly disclaims any liability for manufacturing defects, product recalls, or safety hazards inherent to the goods. Any warranty claims or product liability actions must be directed to the original manufacturer or supplier of record.
7.2. Customs & Import Duties. For goods shipped internationally (including into the USA), the recipient is the importer of record and must comply with all laws and regulations of the destination country. The Company is not responsible for delays caused by customs departments.

ARTICLE 8: GOVERNING LAW & VENUE
This Agreement and any action related thereto will be governed by the laws of the State of Wyoming without regard to its conflict of laws provisions. The exclusive jurisdiction for any lawsuit that is not subject to arbitration shall be the state and federal courts located in Wyoming, USA.

ARTICLE 9: SEVERABILITY & PERPETUITY
If any provision of this Agreement is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this Agreement will remain in full force and effect. This Agreement shall inure to the benefit of the Company’s successors, assigns, and licensees in perpetuity.

ARTICLE 10: RETURN POLICY & ADDRESS RESTRICTIONS
10.1. Prohibition on Returns to Registered Office. You acknowledge and agree that the Company’s address in Wyoming is strictly for administrative and legal purposes only (Registered Agent). It is NOT a warehouse, distribution center, or returns processing facility. WE DO NOT ACCEPT RETURNS OF PHYSICAL GOODS AT OUR REGISTERED OFFICE ADDRESS.
10.2. Automatic Rejection & Liability Waiver. Any packages, parcels, or goods sent to our Wyoming address without prior written authorization will be automatically rejected, destroyed, or discarded at the carrier's discretion. The Company assumes no liability for any loss, damage, or forfeiture of goods sent to this address. If you send a return to our Registered Agent, you explicitly waive your right to a refund for that transaction.
10.3. Mandatory Return Authorization (RMA). All returns must be initiated by contacting our support team to receive a valid Return Merchandise Authorization (RMA) number and the correct return shipping address. Returns sent without an RMA or to the wrong address will not be processed.

CONTACT INFORMATION
For legal notices or inquiries regarding this Agreement:
Entity: Ombrezga LLC
Registered Office: [30 N Gould St, STE R, Sheridan, WY 82801, USA]
Email: [info@ombrezga.com]