Terms of use
Omerta Cortex LLC. Effective 25 September 2026.
These terms are the agreement between you and Omerta Cortex LLC, a Wyoming limited liability company ("Omertá", "we", "us") for OMERTÁ Access, the app for members of the room on iPhone and on the web, for the members' area of www.joinomerta.com, and for your membership of the club. By signing in, or by accepting an invitation to join, you agree to them, to the community code shown in the app, and to our privacy policy, which explains what we do with your data and forms part of these terms.
Read section 11 and section 12 with care. They describe the risks of the activities the room does together and what you give up by taking part.
1. Who the app and the club are for
Membership is by invitation only. You may use the app only if you have been invited into the room and your invitation has not been withdrawn. You must be at least 18 years old. Membership is personal to you: you may not transfer it, lend it, sell it or let anyone else use your sign-in. If you are not a member, the app will not open for you, and you must not use another person's phone number or code to get in.
You confirm that you are not located in a country that is subject to a United States Government embargo or that the United States Government has designated as a "terrorist supporting" country, and that you are not on any United States Government list of prohibited or restricted parties. If that changes, your membership ends.
2. Your account and your phone number
You sign in with the phone number Omertá has on file for you. Keep that number yours. Do not share a sign-in code with anyone, and tell us at contact@joinomerta.com if the number changes or if you think someone else has used your account. One member, one profile. You are responsible for everything that happens under your sign-in until you tell us it has been compromised. What you put on your profile must be true and must be yours to share.
3. Membership
Membership is free. There is no fee and no subscription. Your place in the room is held by what you contribute to it over the year, as the community code describes, and Omertá decides who is in the room, who stays and who is invited next. We may set, change or withdraw membership benefits at any time. Nothing in these terms gives you a right to any trip, house, seat, introduction or other benefit; each is offered separately and on its own terms.
4. Community rules and acceptable use
The community code in the app is part of these terms. In short: what happens in the room stays in the room, no screenshots, bring more than you take.
You agree that you will not:
harass, threaten, deceive or discriminate against another member;
record, photograph, screenshot or share what members say, post or do in the room, or anything from the app, outside the room without the consent of everyone concerned;
copy, export, scrape or store the roster or other members' contact details, or use them for any purpose other than the club's;
use the roster or the room to sell, promote or solicit for any business, cause or investment, unless the concierge has agreed it in advance;
post anything unlawful, defamatory, infringing, obscene, or that you do not have the right to post;
put forward a name for nomination or referral without a reasonable belief that the person would welcome it;
interfere with the app, probe or test its security, or try to reach data that is not yours to see;
use the app or the club for any unlawful purpose, or in breach of the laws of the place you are in.
If something is wrong, tell us through "Report a problem" in Settings or at contact@joinomerta.com. We read every report.
5. Your content
What you post in the app, including your profile, your photo, your comments, the names you put up and the experiences you host, is yours and stays yours. By posting it you give Omertá a worldwide, royalty free licence, which leaves you free to use your content anywhere else, to store it, display it to members inside the app and the room, and use it to run, secure and improve the club and the app, for as long as it is in the app and for the alumni record described in the privacy policy. You can remove your content at any time by editing your profile or by leaving the room, and the licence ends when it is removed, except for copies in backups until they roll off and for anything we must keep by law.
You confirm that you have the right to post what you post, that it does not infringe anyone's rights, and that where it contains another person's name or likeness you have their consent or a reasonable belief that they would give it.
We may remove any content that breaks these terms or the community code, or that we reasonably think exposes the club or a member to harm or legal risk. We will tell you why where we reasonably can.
6. Other members' data
Members can see the profile fields the privacy policy describes so that the room can work. That access is a trust, not a licence. You may use another member's information only to take part in the club. You may not build lists from it, sell it, share it outside the room, or contact a member for a purpose they have not invited.
7. Suspension, termination and leaving
You can leave at any time from Settings with "Leave the room". The privacy policy says what is deleted at once (your login, votes, comments, RSVPs, referrals, feedback, photos and everything you typed on your profile) and what is kept (your name, city and join date as an alumni record, until you ask for full erasure).
Omertá may suspend or end your membership and your access to the app for cause, which includes a breach of these terms or the community code, conduct that harms the room or another member, giving us false information, or a legal requirement. Omertá may also end a membership at will, because the room is small and works only when everyone in it belongs there. Where we reasonably can, we tell you why and give you a chance to respond, but we do not have to. When a membership ends for any reason, the same deletion and alumni record apply as when you leave, and any seat you held on a trip is handled under that trip's booking terms.
Sections 5, 6 and 10 to 25 survive the end of your membership.
8. Experiences hosted by members
Members host experiences for one another: a dinner, a day on the water, a night out, a trip. The app is the notice board on which they are posted and the place where members say they are coming. That is all it is.
An experience hosted by a member is that member's. Omertá is not the organiser, the seller or a party to it. The host decides what it is, where, when, how many seats, and any price; the host is responsible for it, including for the venue, the food and drink, the safety of what is done, the licences and insurance it needs, and for describing it accurately. If you host, you accept those responsibilities and you agree that you are not acting for Omertá.
Any price shown is the host's. It is paid to the host, outside the app, in the way the host and you agree. Omertá does not take, hold, process or refund that money and is not responsible for it. Pressing "Add me" tells the host that you want a seat. It is not a booking until the host confirms, and the host may withdraw an experience or a seat at any time.
Any dispute about a hosted experience is between you and the host. If it affects the room, tell us, and we may act under section 7, but we do not adjudicate the money.
9. Trips and headquarters stays booked with Omertá
The club's calendar shows headquarters (a house the room takes for a period) and trips run by Omertá or by an operator we choose. These are booked and paid outside the app, with Omertá, on the booking terms we give you for each one, which set the price, the deposit, the payment schedule, the cancellation and refund terms, what is included and what is not, and any conditions of the operators, carriers and hosts involved. Those booking terms govern the trip; these terms govern everything else. If they conflict about the trip, the booking terms win.
A price or a seat count in the app is information, not an offer. A seat is yours only when Omertá has confirmed it in writing and the deposit has cleared. Prices can change until then.
Flights, boats, helicopters, dive operators, guides, instructors, drivers, gyms and venues are provided by independent operators, each under its own terms, licences and insurance. Omertá selects them with care and is not their insurer or guarantor. Where an operator asks you to sign its own waiver, you must do so to take part.
10. Alcohol, fitness and insurance
Alcohol is served at some dinners and gatherings. You must be of legal drinking age in the place where the gathering is held to drink, nobody is required to drink, and you are responsible for your own consumption and for what you do after it. We may refuse to serve anyone, and we may ask a member who is intoxicated to leave an activity, a venue or a vehicle.
Many of the room's activities are physical: surfing, boat trips, helicopter flights, skydiving, freediving, diving, gym and recovery sessions, hiking and more. You are responsible for judging whether you are fit to take part, for telling the operator and Omertá about any medical condition that matters for safety before the activity, and for following safety briefings and instructions. If you are pregnant, have a heart, lung or ear condition, or take medication that affects diving or altitude, seek medical advice before you take part. We may ask for a medical clearance for some activities and may exclude you from an activity if we or the operator reasonably believe it is unsafe for you.
We strongly recommend that you hold travel insurance that covers medical treatment and evacuation abroad and the activities you intend to do, including surfing, boating, helicopter flights, skydiving and freediving, which many policies exclude unless added. Omertá does not insure you.
11. Assumption of risk
THIS SECTION APPLIES TO EVERY ACTIVITY, TRIP, STAY, DINNER OR EXPERIENCE THAT YOU TAKE PART IN THROUGH OR WITH THE ROOM, WHETHER RUN BY OMERTÁ, BY AN OPERATOR OR BY A MEMBER.
YOU UNDERSTAND THAT SURFING, BOATING, HELICOPTER FLIGHTS, SKYDIVING, FREEDIVING, DIVING, PHYSICAL TRAINING, TRAVEL IN REMOTE PLACES, AND THE OTHER ACTIVITIES THE ROOM DOES CARRY INHERENT RISKS THAT CANNOT BE REMOVED BY REASONABLE CARE. THOSE RISKS INCLUDE DROWNING, SHALLOW WATER BLACKOUT, DECOMPRESSION ILLNESS, COLLISION, FALLS, EQUIPMENT FAILURE, WEATHER AND SEA CONDITIONS, WILDLIFE, THE ACTS OF OTHER PEOPLE, DISTANCE FROM MEDICAL CARE, AND SERIOUS INJURY, PERMANENT DISABILITY OR DEATH.
YOU CHOOSE TO TAKE PART FREELY AND WITH THAT KNOWLEDGE. YOU ACCEPT THE INHERENT RISKS OF EACH ACTIVITY YOU JOIN, YOU CONFIRM THAT YOU ARE FIT TO TAKE PART, AND YOU AGREE THAT YOU MAY STOP OR DECLINE ANY ACTIVITY AT ANY TIME.
12. Release and waiver
TO THE FULLEST EXTENT THE LAW ALLOWS, YOU RELEASE OMERTA CORTEX LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS (THE "RELEASED PARTIES") FROM, AND AGREE NOT TO SUE THEM FOR, ANY CLAIM FOR INJURY, ILLNESS, DEATH, LOSS OR DAMAGE TO YOU OR YOUR PROPERTY THAT ARISES FROM THE INHERENT RISKS OF AN ACTIVITY, FROM THE ACTS OR OMISSIONS OF AN OPERATOR, HOST, CARRIER, VENUE OR OTHER MEMBER, OR FROM YOUR OWN CONDUCT, INCLUDING CLAIMS BASED ON THE ORDINARY NEGLIGENCE OF A RELEASED PARTY IN ARRANGING OR TAKING PART IN THE ACTIVITY.
THIS RELEASE DOES NOT COVER, AND NOTHING IN THESE TERMS EXCLUDES OR LIMITS, LIABILITY FOR:
DEATH OR PERSONAL INJURY CAUSED BY A RELEASED PARTY'S NEGLIGENCE, WHERE THE LAW THAT APPLIES TO YOU DOES NOT ALLOW THAT LIABILITY TO BE EXCLUDED, INCLUDING FOR MEMBERS IN THE UNITED KINGDOM UNDER SECTION 65 OF THE CONSUMER RIGHTS ACT 2015 AND FOR CONSUMERS IN THE EUROPEAN UNION AND SWITZERLAND UNDER THEIR NATIONAL LAW;
GROSS NEGLIGENCE, RECKLESSNESS, WILFUL MISCONDUCT OR FRAUD;
A RELEASED PARTY'S OWN FAILURE TO TAKE REASONABLE CARE WHERE HAWAII LAW APPLIES, BECAUSE SECTION 663-1.54 OF THE HAWAII REVISED STATUTES ALLOWS A WAIVER TO COVER THE INHERENT RISKS OF A RECREATIONAL ACTIVITY BUT NOT AN OPERATOR'S NEGLIGENCE;
THE CONSUMER GUARANTEES UNDER THE AUSTRALIAN CONSUMER LAW, AND ANY OTHER RIGHT THAT CANNOT BE EXCLUDED BY AGREEMENT UNDER THE LAW OF THE PLACE WHERE YOU LIVE.
IF YOU ARE A CONSUMER IN THE EUROPEAN UNION, THE UNITED KINGDOM OR SWITZERLAND, THIS RELEASE APPLIES ONLY SO FAR AS YOUR CONSUMER PROTECTION LAW PERMITS, AND YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
This release binds you and your heirs, family and representatives. Where an operator or host asks you to sign a separate waiver, that waiver adds to this one; it does not replace it.
13. Limitation of liability
TO THE FULLEST EXTENT THE LAW ALLOWS, OMERTA CORTEX LLC AND THE RELEASED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFIT, BUSINESS, DATA OR OPPORTUNITY, ARISING FROM THESE TERMS, THE APP, THE CLUB, OR ANY TRIP, STAY OR EXPERIENCE, HOWEVER CAUSED.
TO THE FULLEST EXTENT THE LAW ALLOWS, THE TOTAL LIABILITY OF OMERTA CORTEX LLC AND THE RELEASED PARTIES TO YOU FOR ALL CLAIMS ARISING FROM THESE TERMS, THE APP OR THE CLUB IN ANY 12 MONTH PERIOD IS LIMITED TO THE GREATER OF ONE HUNDRED US DOLLARS (USD 100) AND THE AMOUNT YOU PAID TO OMERTA CORTEX LLC FOR THE TRIP OR STAY THAT GAVE RISE TO THE CLAIM. MEMBERSHIP IS FREE, AND THIS CAP REFLECTS THAT.
THE EXCLUSIONS IN SECTION 12 APPLY TO THIS SECTION TOO: NOTHING HERE LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE WHERE THE LAW DOES NOT ALLOW IT, FOR GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD, OR FOR ANY LIABILITY THAT THE LAW OF THE PLACE WHERE YOU LIVE DOES NOT ALLOW TO BE LIMITED. IF YOU ARE A CONSUMER IN THE EUROPEAN UNION, THE UNITED KINGDOM OR SWITZERLAND, THIS SECTION APPLIES ONLY SO FAR AS YOUR CONSUMER PROTECTION LAW PERMITS.
14. Indemnity
To the extent the law allows, you will compensate Omerta Cortex LLC and the Released Parties for any loss, claim, cost or expense, including reasonable legal fees, that arises from your breach of these terms or the community code, from content you posted, from an experience you hosted, or from your negligence or misconduct on a trip, at a stay or at an experience. If you are a consumer in the European Union, the United Kingdom or Switzerland, this section applies only to loss caused by your breach, negligence or misconduct, and only so far as your consumer protection law permits.
15. Intellectual property
The Omertá name, the OMERTÁ Access name, the logotype, the isotype, the app, its design and its code belong to Omerta Cortex LLC or its licensors and are protected by trademark and copyright law. We give you a personal, non-transferable, revocable licence to use the app as a member, on Apple devices that you own or control and on the web, for the club's purposes and nothing else. You may not copy, modify, reverse engineer, decompile, rent, sell, sublicense or make derivative works from the app, or remove any notice from it, except where the law gives you a right that cannot be excluded. Feedback you give us about the app may be used by us without obligation to you.
16. Third party services
The app relies on services provided by others under their own terms: Apple (the App Store and TestFlight), Supabase (database, sign-in and storage), Twilio (delivery of sign-in codes), WhatsApp and Instagram (when you tap a member's link or receive a code by WhatsApp), Esri (map tiles), Google (a typeface, and our email) and Vercel and Cloudflare (hosting). You must comply with any of those terms that apply to your use of the app. We are not responsible for those services, for their availability, or for what they do with data you give them directly.
17. Apple
If you use the app on an Apple device, the following applies as well, and Apple requires us to say it.
These terms are between you and Omerta Cortex LLC only, not Apple. Omertá, not Apple, is solely responsible for the app and its content. Your licence to the app is limited to a non-transferable licence to use it on Apple branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the app may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing where available.
Omertá, not Apple, is solely responsible for any maintenance and support of the app; Apple has no obligation to provide any. Omertá is solely responsible for any product warranty, whether express or implied by law, to the extent not disclaimed in these terms. If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the app to you, if any; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app, and any other claim, loss, liability, damage, cost or expense attributable to a failure to conform to a warranty is Omertá's responsibility.
Omertá, not Apple, is responsible for addressing any claim by you or a third party relating to the app or your possession or use of it, including product liability claims, any claim that the app fails to conform to a legal or regulatory requirement, and claims under consumer protection, privacy or similar law. If a third party claims that the app or your possession and use of it infringes that third party's intellectual property rights, Omertá, not Apple, is solely responsible for the investigation, defence, settlement and discharge of the claim.
Our name and address, and the contact for questions, complaints and claims about the app, are: Omerta Cortex LLC, 1309 Coffeen Avenue Ste 1200, Sheridan, WY 82801, United States, contact@joinomerta.com.
Apple and Apple's subsidiaries are third party beneficiaries of these terms, and on your acceptance of them Apple has the right, and is deemed to have accepted the right, to enforce them against you as a third party beneficiary.
18. No warranty
THE APP, THE CLUB AND EVERYTHING OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW ALLOWS, OMERTA CORTEX LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR FREE OPERATION. WE DO NOT PROMISE THAT THE APP WILL ALWAYS BE AVAILABLE, THAT ANY TRIP OR EXPERIENCE WILL TAKE PLACE AS DESCRIBED, OR THAT ANY MEMBER WILL BEHAVE AS THE COMMUNITY CODE REQUIRES.
IF YOU ARE A CONSUMER, YOU HAVE STATUTORY RIGHTS THAT THIS SECTION DOES NOT AFFECT, INCLUDING, IN THE UNITED KINGDOM AND THE EUROPEAN UNION, THE RIGHT TO DIGITAL CONTENT AND SERVICES THAT ARE AS DESCRIBED, FIT FOR PURPOSE AND OF SATISFACTORY QUALITY, AND IN AUSTRALIA THE CONSUMER GUARANTEES.
19. Force majeure
Neither of us is liable for a failure or delay caused by events beyond our reasonable control, including weather and sea conditions, natural disaster, epidemic, war, civil unrest, strikes, failures of transport, power or telecommunications, acts of government, or the failure of an operator or host to perform. If such an event affects a trip, the booking terms for that trip say what happens to your deposit and payments.
20. Changes to these terms
We may change these terms. For a change that matters, such as a change to the release, the limitation of liability, the governing law or your rights over your content, we will tell members in the app and, where we have an email address, by email, at least 14 days before it takes effect, unless the change is required by law or is needed to address a security risk, in which case it may take effect at once. If you do not agree to a change, leave the room before it takes effect. Using the app after it takes effect means you accept it. Minor changes, such as clarifications and corrections, take effect when posted, with the date at the top updated.
21. Availability and changes to the app and the club
We may change, add or remove features, and we may take the app offline for maintenance or for good. We may change the calendar, the headquarters, the trips and the benefits of membership at any time. Where a change affects a trip you have booked, the booking terms for that trip apply.
22. Governing law and venue
These terms, and any dispute arising from them, from the app or from your membership, are governed by the law of the State of Wyoming, United States, without regard to its conflict of law rules. The state and federal courts located in Wyoming are the venue for any dispute, and you and we agree to bring claims only there. If you are a consumer in the European Union, the United Kingdom or Switzerland, you also keep the protection of the mandatory rules of the law of the country where you live, and you may bring a claim in the courts of that country.
23. Dispute resolution
If you have a dispute with us, write to contact@joinomerta.com first and describe it. We will do the same. We will each try in good faith to settle it within 30 days of that notice before either of us starts proceedings. Members in the European Union may also use the platform for online dispute resolution at https://ec.europa.eu/consumers/odr where it is available to them.
24. General
Severability. If a court finds any part of these terms unenforceable, that part is applied to the fullest extent the law allows and the rest stands. In particular, if any part of section 11, 12 or 13 is unenforceable where you live, the remainder of those sections still applies to the fullest extent permitted.
Entire agreement. These terms, the community code, the privacy policy and the booking terms for any trip are the whole agreement between you and Omertá about their subject. They replace any earlier understanding.
No waiver. If we do not act on a breach, we can still act on it later, or on another one.
Assignment. You may not transfer these terms or your membership to anyone. We may transfer them to a successor of the club, and we will tell you if we do.
Language. These terms are written in English. A translation is for convenience only; the English version governs.
Notices. We give notices in the app, or by email where we have an address. You give notices to contact@joinomerta.com.
25. Contact
Omerta Cortex LLC, 1309 Coffeen Avenue Ste 1200, Sheridan, WY 82801, United States. contact@joinomerta.com.