These Terms of Service ("Terms") outline how OmniChannel, Inc ("We," "Our," "Us") provides subscribers with access to and usage of Our Service(s) ("You," "Your," "Yourself").
A) By accessing and/or using Our Service, you agree to be bound by these Terms and confirm that you have read and understood the privacy statement.
B) You represent and warrant to us that you are at least 18 years old and competent to engage into this agreement.
C) That, if You are agreeing to these Terms on behalf of any entity/company or its group, You have the authority to bind such entities, companies, or groups to these Terms. If you do not agree to these Terms, you must stop using our Service(s) immediately.
You and Us shall be called "Party" and collectively as "Parties"
You shall have the limited, non-exclusive, revocable right to access and use the Service(s) for your internal business purposes per the subscription plan as stated expressly on Our Website, subject to Your compliance with these Terms and only during the Subscription Term.
Your Account: The number of individual users who can access and utilise the Service(s) is limited to the number of users specified in the applicable Order Form executed between Us and You. User login information such as usernames and passwords will be used to identify each User ("User Login"). Only one person will be able to use this User Login.
Used Applications: You
A) License, Sublay Signens, Sales, Resale, Rentals, Rents, Transport, Assign, Distribution, Transfer, or Other Commercial, or Other Services Available for Third Party Service as a user for other selling promotion, this is explicitly permitted by these conditions.
B) Changes, customize, or other ways to retrieve or retrieve unauthorized access to services or related systems or networks.
C) While involving the Company's data protection violation, export control / regulation, use service, storage, storage or customer data in violation of applicable laws.
D) Using the service, the intellectual property right of human intellectual property rights is illegal or illegal, racist, hate filling, abusive, pollution, obscene, or discriminatory one do.
E) Use the service to send, transfer, upload, or link, transfer, upload, or link, transmit, transfer, upload, link, or other similar harmful software (e) viruses, malware, trojans, time bombs, or other similar harmful software.
F) "crawling", "scratch", or "spider", any page, data, or part of the service (by using manual agent or automated agent). They indicate that they have the right to own or have the right to move the customer data, and this indicates that it is to be against the application law that violates the property rights.
By creating accounts for trial use for a short duration ("Trial Period"), you may request a demo of Our Service(s) or a trial of the Service(s). These Terms, as well as any other terms that We designate, govern the Trial Period. Without being accountable to You, we reserve the right to terminate the Service(s) and Your right to use the Service(s) at any point during the Trial Period and for any reason.
These Terms apply to any upgrades, new features, or updates ("Updates") to the Service(s), and We reserve the right to deliver Updates at any time. The Service(s) may temporarily be unavailable due to scheduled downtime for upgrades and maintenance, in which case We shall use commercially reasonable endeavors to notify You in advance.
We are not responsible for any business / economic loss due to downtime. Third Party Services You acknowledge that your use of the Third Party Services complies with such Third Party Terms of Service and Privacy Policy and that we are not responsible for the activation, access or use of such Third Party Services. I agree. , Includes data processed by such third parties. You should contact the third party for any issues that may arise in connection with the use of such third party services.
Termination by You: You may terminate one or more of your Account(s) and subscription to the Services by providing Us a prior written notice of 30 (thirty) days, but will remain liable for all Subscription Charges for the Subscription Term.
Unless your account and service subscription ends, your service subscription will be renewed for the same subscription period as the one currently in effect and at the current subscription fee. Suspension and Termination by us: In addition to late payment or unpaid balance of subscription fees, we may suspend access to and use of your account or services if you violate these terms. We will notify you if your activity violates these Terms and, in our sole discretion, give you 15 days (“repair period”) to cure or discontinue such activity.
If you do not cure or stop such activities within the healing period, or if we determine that such violations cannot be cured, your account will be terminated. You can also end the trial period. Further, We also reserve the right to terminate Your Account at any time by written notice due to business reasons which shall include discontinuation of the Services.
Currently, we don’t provide any refunds once the payment is successful.
Notwithstanding anything contained herein, either Party may terminate these Terms with notice if the other Party becomes insolvent, makes or has made an assignment for the benefit of creditors, is the subject of proceedings in voluntary or involuntary bankruptcy instituted on behalf of or against such Party (except for involuntary bankruptcies) which are dismissed within sixty (60) days), or has a receiver or trustee appointed for substantially all of its property.
Following the termination of Your Account either by Yourself or by Us, We shall delete all Customer Data per
A) these Terms; B) Our Privacy Policy and; C) if applicable, data processing agreement signed between the Parties.
As part of the security procedure, select or assume that your user ID code, login, password, or other information has been provided. In that case, you should treat this information as confidential. Do not transfer to a third party.
We reserve the right to revoke your User Identification Code or Password at any time if we reasonably determine that you have violated any provision of these Terms, whether you choose or we assign you. I have. We are not responsible for any activity that may occur in your account as a result of your failure to comply with the obligations under this section, including attempts to access data or actual access or loss.
Each party protects the other party's sensitive information from unauthorized use, access, or disclosure in the same way that each party protects its confidential information, with reasonable care in each case. To do.
If these conditions are not explicitly acceptable, each party uses other confidential information of others exclusively to exercise each right and their duties under these conditions, The sensitivity information may be disclosed exclusively with each employee, representative and agent. To do this, such confidential information know about such goals and holds confidential confidentiality and not abuse these confidential information.
The provision of this clause replaces overnight agreements between the Contracting States entered under these conditions, and it responds to customer data confidentiality. Such contracts do not have more power or effects on customer data.
Use the appropriate technical and organization measure to protect customer data, as shown in the security policy. Measures used should provide security levels that show the risk of processing customer data. Inappropriate delay, loss, change, unauthorized disclosure, or inappropriate delay in improper delay for access to customer data processed by the United States.
In connection with the use of the service itself, user, end user, we understand and check that we handle all personal data only instead. Agree that this moment is considered data management, these conditions are understood under GDPR, which is considered a data processor. Follow these conditions and applicable data protection methods to handle such personal data to handle services that contain support services.
A) Corresponds to legal queries and legal processes according to the method. Or
B) Prevention of the spread of group companies or customer customers. In addition, the only discretion, fraudulent, miscellaneous or illegal acts can be referenced by law enforcement agencies. During the subscription name, they are right to collect data (aggregated and anonymized) in connection with the use of services to provide services to provide services I agree, agree and recognize. They are not disclosed (and should not accept specific categories of personal data under GDPR). We have a third party that all people who process customer data according to our confidentiality requirements To handle service data to provide provided services that securely protect us from a service provider.
i) We hold an upright list of security policy subprocessors. Optional Data protection regulations for subprocessors are appointed to require data to protect the standards required by the applicable data protection method.
ii) We violate this phrase, act, error or omission It is responsible for the sub processor. Prior to the appointment or replacement of a subprocessor, you may challenge the appointment or replacement if such objection is based on appropriate data protection grounds. In such cases, we will not appoint or replace the subprocessor. Alternatively, if that is not possible, you can terminate your account (without compromising the charges incurred before the suspension or termination).
At your expense, we will provide reasonable support to meet the demands of data subjects exercising their rights under applicable data protection laws (including access rights, amendments, objections, erasures, and data portability). Offers. ). If you have such a request, contact, inquiry or complaint directly to us, we will promptly inform you of the details. At your expense, we will make reasonable efforts to assist you in complying with your obligations under applicable data protection laws.
THE SERVICE(S), INCLUDING ALL SERVER AND NETWORK COMPONENTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, ARE HEREBY EXCLUDED.
YOU ACKNOWLEDGE THAT WE DO NOT WARRANT THAT THE ACCESS TO THE SERVICE(S), WHICH IS PROVIDED OVER THE INTERNET AND VARIOUS TELECOMMUNICATIONS NETWORKS, ALL OF WHICH ARE BEYOND OUR CONTROL, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERRORFREE, OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST SALES, LOST GOODWILL, LOSS OF USE OR LOST CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF A PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY AND THAT OF OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS, RELATING TO THE SERVICE(S), WILL BE LIMITED TO AN AMOUNT EQUAL TO TWELVE MONTHS OF THE SUBSCRIPTION CHARGES PAID BY YOU FOR THE SERVICE(S) PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.
IN JURISDICTIONS THAT DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY, WE DISCLAIM ALL LIABILITIES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WITH RESPECT TO THE SERVICES OFFERED DURING THE TRIAL PERIOD.
Subject to Your compliance with these Terms, We will indemnify and hold You harmless, from and against any claim brought against You by a third party alleging that the Service(s) subscribed infringes or misappropriates such third Party`s valid patent, copyright, or trademark (an “IP Claim”).
We shall at our expense, defend such IP Claim and pay damages finally awarded against You in connection therewith, including the reasonable fees and expenses of the attorneys, provided that:
A) You promptly notify Us of the threat or notice of such IP Claim;
B) We will have the sole and exclusive control and authority to select defense attorneys, defend and/or settle any such IP Claim; and
C) You shall fully cooperate with Us in connection therewith. We will have no liability or obligation with respect to any IP Claim if such claim is caused by
i) compliance with designs, data, instructions, or specifications provided by You;
ii) modification of the Service(s) by anyone apart from Us; or
iii) the combination, operation or use of the Service(s) with other hardware or software where the Service(s) would not by themselves be infringing.
If Your use of the Service(s) has become, or in Our opinion is likely to become, the subject of any IP Claim, We may at Our own option and expense (a) procure the right for You to continue using the Service(s) as set forth hereunder; (b) replace or modify the Service(s) to make it non-infringing; or (c) if options
(a) or (b) are not commercially and reasonably practicable as determined by Us, terminate Your subscription to the Service(s) and repay You, on a prorated basis, any Subscription Charges that You had previously paid Us for the corresponding unused portion. This clause states Our sole, exclusive and entire liability to You. It constitutes Your sole remedy with respect to an IP Claim brought by reason of access to or use of the Service(s).
You will indemnify and hold Us harmless against any claim brought by a third party against Us, Our respective employees, officers, directors, and agents arising from Your acts or omissions in connection with the above clause of these Terms provided that
A) We promptly notify You of the threat or notice of such a claim,
B) You will have the sole and exclusive control and authority to select defense attorneys, defend and/or settle any such claim; and
C) We shall fully cooperate with You in connection therewith.
This Agreement and any rights or obligations hereunder may not be assigned by You without Our prior written consent, whereas We can assign any of our rights and obligations hereunder without Your prior written consent. This Agreement binds and inures to the benefit of, the Parties and their respective successors and permitted assigns.
We may amend these Terms from time to time, in which case the new Terms will supersede prior versions. If these terms change, we will notify you at least 10 days before the effective date. Your continued use of the Services after the effective date of such changes may be deemed by us to accept such changes.
Separable Provisions; No waiver: If the court of competent jurisdiction determines that any provision of this Agreement is unenforceable, that provision shall be amended by the court and to the maximum extent permitted by applicable law.
Is interpreted to best meet the terms of. Of these terms, these terms will continue to be valid. Failure to exercise the rights or provisions of these Terms does not constitute a waiver of such rights or provisions of these Terms.
If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by applicable law, and the remaining provisions of these Terms shall remain in effect. Our nonexercise of any right under or provision of these Terms does not constitute a waiver of that right or provision of These Terms.
The Parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the Parties.
Survival: All clauses which, by their nature are intended to survive, including without limitation Clauses of (Intellectual Property Rights), (Charges and Payment), (Term, Suspension, and Termination), (Confidentiality, Data Privacy, and Security), (Disclaimer of Warranties), (Limitation of Liability), (Indemnification), (Miscellaneous) and (Definitions) shall survive any termination of Our agreement with Yourself regarding the use of the Service(s). Termination shall not limit either Party`s liability for obligations accrued as of or prior to such termination or for any breach of These Terms.
All notices from Us under these Terms may be delivered in writing
i) by a nationally recognized overnight delivery service (“Courier”) or to the contact mailing address provided by You while subscribing to the Service(s); or
ii) electronic mail to the email address provided to Your Account. Our address for a notice is:{{Company Address}}.
All notices shall be deemed to have been given immediately upon delivery by electronic mail, or if otherwise delivered upon receipt or, if earlier, two (2) business days after being deposited in the mail or with a Courier as permitted above
Publicity Rights: You hereby grant Us a royalty free, worldwide, transferable license to use Your trademark or logo to identify You as Our customer on Our websites and/or marketing collateral and to include Your use of the Services in case studies.
These Terms shall be governed by the laws of the Delaware, USA without regard to any conflict of laws principles. You hereby expressly agree to submit to the exclusive personal jurisdiction of the courts at Delaware, USA
Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be settled by arbitration administered by the OmniChannel, Inc in accordance with its commercial arbitration rules (“AAA Rules”), and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The language of the arbitration shall be English.
The dispute shall be resolved by a sole arbitrator who shall be appointed in accordance with the AAA Rules. The decision of the sole arbitrator shall be final and binding on the Parties. Entire Agreement: These Terms, together with any Order Forms, constitute the entire agreement, and supersede any prior agreements between Us and Yourself with regard to the subject matter hereof. In the event of a conflict between the terms of any Order Form and these Terms, the Terms shall prevail. In case of a conflict between two Order Forms, the Order Form later in date shall prevail.
Notwithstanding anything to the contrary contained elsewhere, We shall not be liable for unavailability of the Service(s) caused by circumstances beyond Our reasonable control, such as but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond Our reasonable control (including, without limitation, inability to access the internet, unauthorized loss, distribution or dissemination of Customer Data), or acts undertaken by third parties, including without limitation, distributed denial of service attacks.
When used in these Terms with the initial letters capitalized, in addition to terms defined elsewhere in these Terms, the following terms have the following meanings:
Omnioutreach is incubated by the First Principles Venture Studio, a team of 80+ that has launched several tech and tech enabled businesses generating millions in annual recurring revenue. FirstPrinciples brings in the team, systems and processes for customer development, product development, finding product/market fit, managing fundraising, operations, and sales.
