Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and OmniAct Inc. ("OmniAct," "we," "us," or "our") concerning your access to and use of the OmniAct website and services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

2. Eligibility

You must be at least 13 years old to use our Services. If you are under 18, you must have permission from a parent or legal guardian. By using our Services, you represent and warrant that you meet these eligibility requirements.

3. Account Registration

3.1 Account Creation

To access certain features of our Services, you may need to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security of your password
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

3.2 Account Termination

We reserve the right to suspend or terminate your account at any time for any reason, including violation of these Terms.

4. Use of Services

4.1 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal or commercial use.

4.2 Prohibited Uses

You agree not to:

• Use the Services for any illegal purpose or in violation of any laws
• Upload or generate content that is harmful, offensive, or violates others' rights
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the Services or servers
• Use automated systems (bots, scrapers) without permission
• Reverse engineer, decompile, or disassemble any part of the Services
• Remove or modify any copyright, trademark, or proprietary notices
• Use the Services to create content that infringes on intellectual property rights
• Generate deepfakes or misleading content without proper disclosure
• Use the Services to harass, abuse, or harm others

4.3 Content Guidelines

You may not upload or generate content that:

• Contains nudity, pornography, or sexually explicit material
• Promotes violence, hatred, or discrimination
• Contains personal information of others without consent
• Infringes on copyrights, trademarks, or other intellectual property
• Is defamatory, libelous, or fraudulent
• Contains malware, viruses, or harmful code

5. Intellectual Property Rights

5.1 Our Content

The Services, including all content, features, and functionality, are owned by OmniAct and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

5.2 Your Content

You retain ownership of any content you upload to our Services ("User Content"). By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, process, and display your User Content solely for the purpose of providing the Services.

5.3 Generated Content

Subject to your compliance with these Terms and payment of applicable fees, you own the content generated by our AI tools ("Generated Content"). However, you acknowledge that:

• Similar or identical content may be generated for other users
• We retain the right to use Generated Content for improving our Services
• You are responsible for ensuring Generated Content complies with applicable laws

6. Payment and Subscriptions

6.1 Free Services

We offer certain features for free with limitations. Free services are provided "as is" without warranties.

6.2 Paid Services

Some features require payment. By purchasing a subscription or credits, you agree to pay all applicable fees. All fees are non-refundable unless otherwise stated or required by law.

6.3 Billing

For subscription services, you authorize us to charge your payment method on a recurring basis. You can cancel your subscription at any time, but you will not receive a refund for the current billing period.

6.4 Price Changes

We reserve the right to change our pricing at any time. We will provide notice of price changes for subscription services.

7. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Services will be uninterrupted, secure, or error-free
• The results obtained from the Services will be accurate or reliable
• The quality of any content generated will meet your expectations
• Any errors in the Services will be corrected

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OMNIACT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

9. Indemnification

You agree to indemnify, defend, and hold harmless OmniAct and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your access to or use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your User Content or Generated Content

10. Third-Party Services

Our Services may integrate with or contain links to third-party services, websites, or applications. We are not responsible for the content, privacy policies, or practices of any third-party services. Your use of third-party services is at your own risk.

11. Modifications to Services

We reserve the right to modify, suspend, or discontinue any part of the Services at any time without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

12. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the new Terms on our website and updating the "Last updated" date. Your continued use of the Services after changes become effective constitutes acceptance of the new Terms.

13. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the Services will immediately cease.

You may terminate your account at any time by contacting us or using the account deletion feature.

14. Dispute Resolution

14.1 Informal Resolution

If you have a dispute with us, you agree to first contact us at support@omniact.com to attempt to resolve the dispute informally.

14.2 Arbitration

Any dispute that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in [Your Jurisdiction].

14.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

17. Entire Agreement

These Terms constitute the entire agreement between you and OmniAct regarding the Services and supersede all prior agreements and understandings.

18. Contact Information

If you have any questions about these Terms, please contact us:

• Email: legal@omniact.com
• Website: https://omniact.com
• Address: [Your Business Address]