Terms of Service

1. Acceptance of Terms

By accessing or using OmnyxAI's AI-powered digital assistant services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Description of Services

OmnyxAI provides AI-powered digital assistant infrastructure designed for voice, email, and social media automation ("Digital Assistant Infrastructure"). Our Services include:

• AI-powered voice calling and transcription
• Automated email management and responses
• Social media content generation and scheduling
• Memory and knowledge base storage for AI assistants
• Calendar integration and scheduling automation
• API access for AI assistant management
• Related cloud infrastructure services

3. Account Registration and Security

3.1 Account Creation

You must provide accurate, current, and complete information during registration and maintain the accuracy of your account information.

3.2 Security

You are responsible for maintaining the security of your account credentials and all activities under your account. Notify us immediately at pranavsagar0209@gmail.com of any unauthorized access.

3.3 Eligibility

You must be at least 18 years old and have the legal capacity to enter into this agreement.

4. Acceptable Use Policy

4.1 Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms.

4.2 Prohibited Activities

You may not:

• Use the Services for illegal activities or to violate any laws
• Store, process, or transmit malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems or other users' data
• Use the Services to infringe intellectual property rights
• Engage in activities that could harm minors
• Send spam or unsolicited communications
• Reverse engineer, decompile, or attempt to extract source code
• Resell or redistribute the Services without written permission

4.3 AI Ethics

When using our AI-powered features, you agree to use responsible AI practices and comply with applicable AI ethics guidelines.

5. Data and Privacy

5.1 Your Data

You retain ownership of all data you store using our Services ("Customer Data"). You grant us the right to store, process, and transmit Customer Data solely to provide the Services.

5.2 Data Protection

We implement industry-standard security measures to protect your data. However, no system is completely secure, and you acknowledge the inherent risks of cloud storage.

5.3 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, incorporated by reference.

5.4 Data Location

Customer Data may be stored and processed in various geographic locations to optimize performance.

6. Service Availability and Performance

6.1 Uptime

We strive to maintain high service availability but do not guarantee uninterrupted access to the Services.

6.2 Maintenance

We may perform scheduled maintenance that temporarily affects service availability. We will provide reasonable notice when possible.

6.3 Performance

While we optimize for performance, actual results may vary based on usage patterns, data complexity, and network conditions.

7. Billing and Payment

7.1 Fees

You agree to pay all applicable fees as specified in your service plan. Fees are based on usage, storage, and selected service tiers.

7.2 Payment Terms

Payments are due according to your billing cycle. Overdue amounts may result in service suspension.

7.3 Fee Changes

We may modify fees with 30 days' written notice. Continued use after notice constitutes acceptance of new fees.

7.4 Taxes

You are responsible for all applicable taxes, except those based on our net income.

8. Intellectual Property

8.1 Our IP

OmnyxAI retains all rights to our technology, software, and platform. These Terms grant you only a limited license to use the Services.

8.2 Customer IP

You retain ownership of your intellectual property. We do not claim rights to your AI models, algorithms, or applications.

8.3 Feedback

Any feedback you provide about our Services may be used by us without restriction or compensation.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

9.1

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.

9.2

WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR DATA.

9.3

THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

10. Indemnification

You agree to indemnify and hold harmless OmnyxAI from any claims, damages, or expenses arising from your use of the Services, violation of these Terms, or infringement of any rights of another party.

11. Termination

11.1 By You

You may terminate your account at any time by following our account closure procedures.

11.2 By Us

We may suspend or terminate your access for violations of these Terms, non-payment, or other reasonable cause with appropriate notice.

11.3 Effect of Termination

Upon termination, your right to use the Services ceases. We will provide reasonable time to retrieve your data, after which it may be deleted.

12. Compliance and Export Controls

You agree to comply with all applicable laws, including export control laws and regulations. You represent that you are not located in a country subject to comprehensive sanctions.

13. Modifications to Terms

We may modify these Terms by posting updated versions on our website. Material changes will be communicated with 30 days' notice. Continued use constitutes acceptance of modified Terms.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the United States, without regard to conflict of law principles.

14.2 Dispute Resolution

Any disputes shall be resolved through binding arbitration, except for claims of intellectual property infringement.

15. General Provisions

15.1 Entire Agreement

These Terms constitute the entire agreement between you and OmnyxAI regarding the Services.

15.2 Severability

If any provision is found unenforceable, the remainder of these Terms remains in effect.

15.3 Assignment

You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

15.4 Force Majeure

Neither party is liable for delays or failures due to circumstances beyond reasonable control.

16. Contact Information

For questions about these Terms or our Services, contact us at: