Terms of Use
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Last updated: March 23, 2024
Welcome to OminiAI! These are our terms of use, and they govern your use of OminiAI, and the other products, services, and software we offer (collectively, the “Service”). “We”, “our,” or “us” refers to OminiAI and our subsidiaries. “OminiAI” refers to the Service. By using OminiAI, you agree to these terms, our Privacy Policy, and the other policies we post. Please read these terms carefully.
Privacy
Our Privacy Policy describes how we collect, use, share, or otherwise process information about you and your use of the Service.
Communications
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any or all, of these communications from us by following the unsubscribe link or by emailing.
Subscription and billing
Payment methods
The subscription to the plan and the addons are payable by credit or debit card (Visa, Discover Card, Mastercard, American Express). The Customer’s card number and expiry date are entered on an encrypted server which ensures the security and confidentiality of the data.
OminiAI cannot be held liable in case of fraudulent use of the payment methods used.
Upon receipt of the subscription request, a request to debit the bank account will be sent to the paying agency. The subscription and/or options will be regarded as being concluded upon receipt of the authorization to debit the account from the paying agency.
Invoice
The Customer is billed:
Every month on the anniversary date of the subscription in the case of a monthly subscription;
Once per annum on the anniversary date of the subscription in the case of an annual subscription.
Invoices are generated in the name of the Customer and are accessible exclusively through the application. Customers may view and download their invoices at any time by navigating to the ‘Orders’ tab located within the ‘Account’ menu of the application. Please be advised, that we do not dispatch invoices, or any related billing communications, to Customers via email or any other external communication methods. It is the sole responsibility of the Customer to review their invoices and billing details within the application.
Payment
For payments by debit card or credit card, the Customer will be charged the pre-defined sum automatically every month, until they cancel the subscription and/or options following the conditions stipulated in the Terms of Service.
Non-payment/Late payment
If the bank rejects a card transaction or a different payment method is refused, the subscription and/or options will not be final and the Customer shall be responsible for contacting the customer services department of OminiAI to pay for the subscription and/or options using another payment method.
In addition, if necessary, OminiAI reserves the right to suspend or cancel the subscription and/or the options without being held liable. Where applicable, payments to be made up to the anniversary date of the subscription and/or of the options will be payable immediately.
Subscriptions
Applicable fees for the use of the Services are displayed in US dollars (with taxes, if applicable).
Access to OminiAI services is billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or OminiAI cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting the OminiAI customer support team.
A valid payment method, including a credit card, is required to process the payment for your subscription. You shall provide OminiAI with accurate and complete billing information including full name, address, state, zip code, and valid payment method information.
By submitting such payment information, you automatically authorize OminiAI to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, OminiAI will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Free trial
OminiAI may, at its sole discretion, offer a Subscription with a free trial for a limited period (“Free Trial”). You may be required to enter your billing information to sign up for a Free Trial.
If you do enter your billing information when signing up for a Free Trial, you will not be charged by OminiAI until the Free Trial has expired. On the last day of the Free Trial period, unless you cancel your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, OminiAI reserves the right to (i) modify the Terms of Service of the Free Trial offer, or (ii) cancel such Free Trial offer.
Fee changes
OminiAI, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
OminiAI will provide you with reasonable prior notice of any change in Subscription fees to allow you to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds
As OminiAI and the Customer act within the framework of the Terms of Service as professionals, the Customer acknowledges and accepts that they have no right of withdrawal.
However, OminiAI reserves the right to exceptionally grant refunds to its Customers, if the Customer asks OminiAI’s customer services department in writing to cancel its subscription at the following address: hi@omini.ai and if it is issued to and received by OminiAI:
– Within seven (7) days of the subscription date for a monthly subscription;
– Within thirty (30) days of the subscription date for an annual subscription.
Cancellation requests when renewing the subscription are also accepted if they are issued to and received by OminiAI under the same conditions as those set out above, namely:
– Within seven (7) days of the anniversary date of the subscription renewal for a monthly subscription;
– Within thirty (30) days of the anniversary date of the subscription renewal for an annual subscription;
Cancellation requests that satisfy the aforementioned conditions will result in a full refund of the Customer’s subscription.
If the aforementioned conditions are not satisfied, the cancellation requests will be taken into account by OminiAI but no refund will be given to the Customer.
The Customer can issue a cancellation request for its option/options at any time, in writing to OminiAI’s customer services department at the following address: hi@omini.ai
The option/options will terminate on the subscription anniversary date of the option concerned. However, the Customer acknowledges and accepts that no refund will be given for the cancellation of option/options.
Content
Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain all of your rights to any Content you submit, post, or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for the Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
OminiAI has the right but not the obligation to monitor and edit all Content provided by users. In addition, Content found on or through this Service is the property of OminiAI or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or personal gain, without express advance written permission from us.
The Client is responsible for the Content including its legality, reliability, and appropriateness. By using Content, Client represents and warrants that Content is owned by the Client and/or it has the right to use it; (ii) the Client has the right to grant OminiAI the rights and license outlined in the Terms & Conditions; and the Content does not breach the privacy rights, copyrights, contractual rights or any other rights if any person or entity.
Prohibited uses
You may use the Service only for lawful purposes and following the Terms. You agree not to use Service:
– In any way that violates any applicable national or international law or regulation.
– To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
– To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
– To impersonate or attempt to impersonate a Company, a Company employee, another user, or any other person or entity.
– In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
– To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend the Company or users of Service or expose them to liability.
Additionally, you agree not to:
– Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real-time activities through Service.
– Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
– Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
– Use any device, software, or routine that interferes with the proper working of Service.
– Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
– Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
– Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
– Take any action that may damage or falsify the Company’s rating.
Otherwise, attempt to interfere with the proper working of Service.
Accounts
To benefit from the Services, Users must subscribe as described in the General Terms and Conditions of Subscription and create an Account.
To create an Account and to be able to use the Services, Users must click on the link “https://app.omini.ai/register”. Users are then asked to enter an email address and set up a unique, personal password allowing them access to the Services and/or their Account.
OminiAI encourages Users to use “strong” passwords, combining numbers, letters, and symbols as well as upper and lower case letters.
Users have the sole responsibility of safeguarding their account credentials. They must keep them confidential and not disclose them in any form. In case any element of the account credentials is lost or stolen, users should immediately inform OminiAI. Upon receiving such notification, OminiAI will cancel and/or update the affected account credentials.
Users are fully responsible for safeguarding the confidentiality of their passwords. In this regard, Users must ensure at the end of each session, that they have effectively logged out of the Website and/or the Application, particularly when accessing the Website from a public computer.
In case of loss of their password, Users can request a new password through their Account by clicking the “forgotten password” link.
Users must then click on the “Sign in” tab.
Users will then receive an email confirming that their account has been created and explaining the Services. When creating an Account (whether on their behalf or on behalf of a third party), Users undertake to provide true, accurate, up-to-date, and complete information, particularly about their identity, by Article 6-II of Act No. 2004-575 of 21 June 2004 on confidence in the digital economy. Accordingly, they undertake not to create any false identity likely to mislead OminiAI or third parties and not to impersonate any other legal entity or individual.
OminiAI does not have control over the accuracy or reliability of information provided by Users and therefore cannot be held responsible for any consequences resulting from the provision of incomplete or incorrect information. Users who discover that another person has used their identity to use the Services must inform OminiAI immediately at the following address: hi@omini.ai
In the event that a User provides false, inaccurate, erroneous, outdated, incomplete, misleading, or deceptive information, OminiAI may immediately, without notice or compensation, suspend or terminate that User’s Account and temporarily or permanently deny him access to the Website and/or to the Application and/or to the Services.
Moreover, OminiAI may not, under any circumstances, be held liable in case of non-performance and/or partial performance of the subscription about the provision of information of that nature.
Registered Users may decide to disable their Account whenever they deem it to be appropriate, by the terms stipulated in the Terms of Service.
Intellectual property
Certain elements (including editorial, illustrations, studies, and videos) on the Website and/or the Platform are protected by intellectual property laws, particularly copyright, and are the exclusive property of OminiAI.
Similarly, the trademarks, logos, graphics, and animations on the Website and/or the Platform are the exclusive intellectual property of OminiAI.
It is agreed that the General Terms and Conditions of Use shall not result in any assignment of the intellectual property rights of OminiAI.
OminiAI personally grants to Users the non-exclusive, non-transferable right to use the Website and/or the Platform and any related software free of charge. They are prohibited – directly or indirectly – from copying, modifying, creating a derivative work, reverse engineering, disassembling, or otherwise attempting to obtain the source code (except for cases stipulated by law), selling, assigning, sub-licensing or otherwise transferring any rights to the Website, the Platform, the Services or the related software.
Users undertake not to modify the Website, the Platform, the Services, or the related software in any way and/or not to use any modified versions thereof, including (but not limited to) gaining unauthorized access to the Website and/or the Application and/or the Services. In particular, Users agree not to access the Services by any means other than the Website and/or the Application.
Users are informed and recognize that the Website, the Platform, the Services, and any related software used may contain confidential information or information protected by the intellectual property law in force or any other law. Users undertake not to modify, lease, borrow, sell, or distribute such content or create derivative works incorporating all or part of that content unless expressly authorized by OminiAI in advance.
In case of non-compliant or abusive use of the Intellectual Property, OminiAI reserves the right to take any legal action to stop the infringement of its intellectual property rights and to cancel the subscription and/or deactivate Users’ Accounts in accordance with the conditions stated in these Terms of Services.
Links to other websites
Our Service may contain links to third-party websites or services that are not owned or controlled by OminiAI.
OminiAI has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that OminiAI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third party web sites or services.
We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit.
Duration of access to the services
The Services are accessible via the Website and/or the Application twenty-four (24) hours a day, seven (7) days a week.
They are accessible throughout the User’s subscription period until it decides to terminate its subscription and/or deactivate its Account by the terms stipulated in the Terms of Service.
However, due to the nature of the internet, OminiAI does not guarantee the operation of or access to the Services twenty-four (24) hours a day, seven (7) days a week.
Duration of access to the services
The Services are accessible via the Website and/or the Application twenty-four (24) hours a day, seven (7) days a week.
They are accessible throughout the User’s subscription period until it decides to terminate its subscription and/or deactivate its Account by the terms stipulated in the Terms of Service.
However, due to the nature of the internet, OminiAI does not guarantee the operation of or access to the Services twenty-four (24) hours a day, seven (7) days a week.
Interruption of the services
OminiAI reserves the right to interrupt the operation of all or part of the Services at any time, with or without notice, in particular, to carry out corrective or ongoing maintenance or to develop the content or presentation.
Wherever possible, OminiAI will inform Users before a corrective or ongoing maintenance operation.
In addition, Users recognize that the Services may be interrupted for reasons beyond the control of OminiAI and that OminiAI cannot guarantee continued access to the Services.
In all cases, OminiAI may not, under any circumstances, be held liable for any interruption and/or malfunction of the Services, for whatever reason.
Errors reporting and feedback
Users are requested to inform OminiAI of any technical issue they encounter when browsing and/or using the Services by sending an email to the following email address and describing the issue encountered: hi@omini.ai
Account deactivation, deletion, and termination
Account deactivation, deletion, and termination
A User’s Account is active so long as:
It is registered on the Website and/or the Application;
It pays for a subscription to the Services of OminiAI.
As soon as a User stops paying for its subscription, access to the Services is disabled. The Customer may continue to access its Account but will not have access to the Services unless it purchases and pays for a new subscription to the Services.
Users can deactivate their Account on the Website and/or the Application and/or delete their Account at any time for no reason.
To do so, Users must send an email to the following address: hi@omini.ai requesting the deactivation or deletion of their Account. A copy of some form of identity may be requested to avoid any risk of identity theft. Access to the Account will end on the anniversary date of the User’s subscription.
The cancellation of the subscription and/or the deletion of an Account is final as the Account is irreversibly deleted and the personal data relating thereto is automatically deleted and cannot be recovered.
The cancellation of the subscription and/or the deletion of an Account does not prevent Users from re-registering and creating another Account.
Termination
In the event of non-compliance with the obligations resulting from acceptance of the General Terms and Conditions of Use, the provision of incorrect information when the Account is created or action likely to damage the interests of OminiAI, OminiAI reserves the right to suspend access to the Services without notice or, depending on the seriousness of the action, delete the User’s Account without any damages being able to be claimed.
Changes to service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.
Purpose of Data Usage
OminiAI shall use the Data exclusively for the purpose of enhancing the platform’s functionality, refining algorithms, and training the associated artificial intelligence systems. Under no circumstances shall OminiAI sell, rent, lease, or share the Data with third-party entities for any reason not expressly mentioned in this agreement.
Data Deletion: Users retain the right to request the deletion of their Data from OminiAI’s systems. Upon such a request, OminiAI shall take prompt measures to remove the respective Data, subject to the retention of certain anonymized data sets which may be retained exclusively for the purpose of AI training and system optimization. This anonymized data will be stripped of all personally identifiable information and cannot be traced back to the individual user or their respective ad accounts.
Acknowledgment
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
Contact us
Please send your feedback, comments, and requests for technical support:
By e-mail: hi@omini.ai.
By visiting this page on our website: omini.ai