The short version. These terms cover using this website and, at a high level, the Ostrich service. If your credit union has signed an agreement with us, that agreement controls. These terms fill gaps, they don't override it. You own your brand, your content, your member list, and your microsite, and you can take all of it with you.
1. Agreement
These Terms and Conditions are between you and Ostrich App Inc. ("Ostrich," "we," "us"), a Delaware corporation.
By using getostrich.com or engaging our services, you agree to these terms. If you don't agree, don't use the site or the services.
2. How these terms relate to a signed agreement
If your credit union has entered into a services agreement, order form, or statement of work with us, that document controls for everything relating to the services. These terms apply to your use of this website, and fill any gaps the signed agreement doesn't address.
Where there is a conflict, the order of precedence is: (1) the signed services agreement and any order form, (2) any data processing addendum, (3) these terms.
3. What the service is
Ostrich provides managed member communications for credit unions. Depending on what a client engages us for, that can include:
- A recurring member email newsletter, written, designed, and sent under the credit union's brand
- New-member onboarding sequences, including sequences for indirect lending members
- A branded financial wellness website for the credit union's members
- Promotional emails for the credit union's own campaigns
- Organic social media content
- Monthly engagement and performance reporting
- A compliance review process with an auditable review trail
The specific scope, deliverables, and cadence for any engagement are set out in that client's agreement, not here.
We do not integrate with credit union core banking systems. The service operates from information the client provides to us.
4. Client responsibilities
For us to deliver, the client is responsible for:
- Providing accurate member contact information, and having the legal right and any necessary consents to provide it to us for these purposes
- Providing brand assets, rates, and product information, and keeping them current
- Reviewing and approving communications within agreed timeframes
- Maintaining any accounts held in the client's own name, such as an email service provider account
- Complying with laws applicable to the client's own communications with its members
Where we assist in setting up a third-party account, such as an email service provider, that account belongs to the client and is subject to that provider's own terms.
5. Approval and compliance review
Member communications run through a compliance review process aligned to NCUA advertising expectations, and we maintain an auditable record of each review: when it happened, against which standard, and what changed.
The client retains final approval authority over everything published under its brand. Our review is a control that supports the client's compliance program. It does not replace the client's own regulatory judgment, and we do not provide legal, compliance, or regulatory advice.
6. Ownership and portability
This section reflects a deliberate commitment, and we'd rather state it plainly than bury it.
The client owns: its brand and brand assets; the member communications content we produce for it; its member and subscriber lists; its branded financial wellness site content; and its engagement data and reporting.
Upon request at any time, and upon termination, we will provide the client with its content, lists, and materials in a usable format. The engagement is non-exclusive, and there is no platform lock-in. If a client brings the program in-house or moves to another vendor, it keeps the assets.
Ostrich retains ownership of its own methodologies, templates, playbooks, internal tooling, and software, and of anything we develop independently. Nothing here grants a client rights in those, and nothing grants us rights in a client's brand beyond using it to deliver the services.
7. Fees and payment
Fees, billing frequency, and payment terms are set in the client's agreement. [COUNSEL: add standard provisions for late payment, fee changes at renewal, and taxes, or confirm these live only in the services agreement.]
8. Confidentiality
Each party may receive confidential information from the other. Each will protect the other's confidential information with at least reasonable care, use it only to perform under the agreement, and not disclose it except to personnel and advisors who need it and are bound by comparable obligations.
This doesn't apply to information that is public through no fault of the receiving party, was already known without obligation, is independently developed, or must be disclosed by law, in which case the receiving party will give notice where legally permitted.
9. Data protection
Our handling of personal information is described in our Privacy Policy.
Where we process credit union member data, we do so as a service provider and processor on that credit union's behalf, on its documented instructions and only to deliver the services. We do not sell member data, do not share it for advertising, and do not use one client's data for another client's benefit or to build our own marketing lists.
[COUNSEL: a separate Data Processing Addendum should be executed with each client. Credit union vendor-management reviews will ask for one, and CCPA service-provider status depends on specific contractual language being in place.]
10. Website use
You may use this website for lawful purposes. You may not attempt to gain unauthorised access to it, interfere with its operation, scrape it at a scale that burdens it, or use it to send unsolicited communications.
All content on this website. Text, design, graphics, logos. Is owned by Ostrich or its licensors and protected by intellectual property law. You may not reproduce or republish it commercially without written permission.
This website may link to third-party sites. We aren't responsible for their content or practices.
11. Third-party services
The services rely on third-party providers, including email delivery platforms, hosting, and analytics. Those providers have their own terms. We aren't liable for their acts or omissions beyond what our own agreement with a client provides.
12. Disclaimers
This website is provided "as is." Beyond the specific commitments in a signed services agreement, and to the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant any particular marketing result. Member engagement depends on many factors outside our control, including the client's membership, market, products, and pricing.
We do not provide legal, compliance, regulatory, financial, or investment advice. Content produced for members is general financial education and is not advice to any individual.
13. Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, even if advised such damages were possible.
Each party's total aggregate liability arising out of or relating to the services is limited to the fees paid or payable by the client to Ostrich in the [twelve (12) months] preceding the event giving rise to the claim.
These limits do not apply to a party's indemnification obligations, breach of confidentiality, or gross negligence or wilful misconduct. [COUNSEL: confirm the cap, the multiplier, and the carve-outs. This is the single most negotiated clause in credit union vendor agreements and it should not ship unreviewed.]
14. Indemnification
Each party will defend and indemnify the other against third-party claims arising from its own breach of these terms, violation of law, or infringement of a third party's intellectual property rights. [COUNSEL: confirm scope, procedure, and whether it should be mutual.]
15. Term and termination
Term and termination for client engagements are set in the client's agreement. [COUNSEL: confirm notice period, effect of termination, and transition assistance obligations.]
On termination, we will return or delete client data and provide the client's content and lists as described in section 6. Sections that by their nature should survive will remain in effect, including confidentiality, ownership, disclaimers, liability limits, indemnification, and governing law.
We may suspend or terminate website access at any time.
16. Governing law and disputes
These terms are governed by the laws of the State of Alabama, without regard to conflict-of-laws principles. The parties submit to the exclusive jurisdiction of the state and federal courts located in Shelby County, Alabama.
[COUNSEL: choice of law and venue are set (Alabama / Shelby County). Still to decide whether to add an arbitration clause and class-action waiver. Credit unions frequently push back on both, so this is a commercial call as much as a legal one, and it may be better placed in the services agreement than here.]
17. General
If any provision is held unenforceable, the rest remains in effect. Neither party may assign these terms without the other's consent, except in connection with a merger or sale of substantially all assets. A failure to enforce a provision is not a waiver of it. Neither party is liable for delays caused by events beyond its reasonable control.
Nothing here creates a partnership, joint venture, or employment relationship, and neither party may bind the other.
18. Changes to these terms
We may update these terms. When we do, we will change the "last updated" date above and post the revised version here. For clients under a signed agreement, changes to these terms do not modify that agreement.
19. Contact
Ostrich App Inc.
130 Inverness Plaza, No. 305
Birmingham, Alabama 35242
info@getostrich.com