Terms & Conditions

Effective Date: 05 February, 2025

1. Agreement to Terms

These Terms of Service (“Terms”) form a binding agreement between you (“Customer,” “you”) and Omnixis AI Systems, Inc. (“Omnixis,” “we,” “us,” or “our”), a Delaware corporation. By accessing or using our websites, applications, telephony integrations, or services (collectively, the “Services”), you agree to be bound by these Terms and our Privacy Policy:
https://www.omnixis.ai/privacy-policy

If you do not agree, do not use the Services.

2. Eligibility & Authority

You must be at least 18 years old and capable of entering a binding contract.

If you use the Services on behalf of an entity, you represent that you are authorized to bind that entity.

Accounts created by automated methods are prohibited.

3. Services Provided

Omnixis provides an AI-powered communication and automation platform that enables businesses to manage customer interactions across voice and other channels.

The Services may include, but are not limited to:

AI-based answering, intent recognition, and routing of inbound or outbound communications.

Appointment scheduling, rescheduling, and reminder automation with third-party calendar or CRM integrations.

Call or conversation recording, transcription, and analysis (including sentiment, keyword, and performance insights).

Task creation, lead capture, and routing to human staff or connected systems.

Integration with external telephony, PBX, CRM, and productivity tools.

Administrative dashboards for managing numbers, agents, analytics, and configurations.

APIs and developer tools for custom workflows or integrations.

Omnixis may introduce new modules, features, or integrations from time to time, and such additions shall form part of the “Services” unless otherwise stated.

4. Account Registration & Security

You must provide accurate information and keep it up to date.

You are solely responsible for all activity under your account and for maintaining the confidentiality of your credentials.

Notify us immediately of unauthorized use.

We may suspend or terminate your account if we suspect misuse.

5. Subscriptions, Fees & Payments

Subscription Model: Services are offered on a paid subscription basis (monthly, annual, or as specified).

Billing: Fees are due in advance. Add-on usage (minutes, numbers, integrations, etc.) will be billed at published rates.

Auto-Renewal: Subscriptions renew automatically unless canceled.

Refunds: Fees are non-refundable except where required by law.

Taxes: You are responsible for all applicable taxes.

Chargebacks: Disputed payments may result in suspension of your account.

6. Communication Recording, Transcription & Consent

The Services may record, transcribe, store, and analyze communications conducted through supported channels, including but not limited to phone calls, voice messages, text messages, WhatsApp, chat, or other integrated communication platforms.

You are solely responsible for:

Notifying all participants that communications may be recorded, stored, or analyzed.

Obtaining and maintaining all necessary consents under applicable data protection, privacy, and communication laws.

Ensuring compliance with all federal, state, and international requirements related to the monitoring or processing of communications.

Omnixis disclaims any liability for your failure to obtain appropriate consent or to comply with applicable laws governing the use or recording of communications.

7. Healthcare & Sensitive Data Exclusion

Omnixis is not HIPAA-compliant and is not designed to process Protected Health Information (PHI).

The Services must not be used for medical triage, patient records, or healthcare emergencies.

You are prohibited from submitting or storing PHI or other sensitive categories of regulated data (e.g., PCI data, government-classified data).

Omnixis disclaims all liability for your failure to comply with healthcare or sector-specific regulations.

8. Emergency Services Disclaimer

The Services are not a substitute for 911 or emergency response.

If a caller reports an emergency, the AI will instruct them to dial 911 (or local equivalent).

Omnixis has no liability for emergency communications or outcomes.

9. Acceptable Use & Prohibited Conduct

You agree not to:

Use the Services for unlawful, fraudulent, or harmful purposes.

Impersonate others or misrepresent your affiliation.

Attempt to bypass security controls or disrupt the Services.

Resell, sublicense, or provide the Services to third parties without consent.

Use the Services in restricted jurisdictions subject to US sanctions.

10. Customer Responsibilities

You are responsible for:

Ensuring your use complies with all applicable laws (call recording, consumer protection, data privacy, industry regulations).

Informing your callers of call recording and data processing practices.

Configuring your account appropriately (numbers, calendars, integrations).

Using the Services only for lawful business purposes.

11. Data Ownership & Privacy

You retain ownership of your business data.

By using the Services, you grant Omnixis a limited license to process your data solely to provide the Services.

We may use anonymized and aggregated data to improve our systems.

Personal data is processed according to our Privacy Policy:
https://www.omnixis.ai/privacy-policy

12. Intellectual Property

Omnixis owns all rights in the Services, including software, AI models, and branding.

You may not copy, reverse-engineer, or create derivative works.

Feedback you provide may be used by us without restriction.

13. Third-Party Services & Integrations

The Services may integrate with third-party systems (e.g., Google, Microsoft, Twilio, HubSpot, PBX vendors).

We are not liable for third-party outages, changes, or terms.

Your use of third-party services is subject to their own agreements.

14. Service Availability

We strive for high availability but do not guarantee uninterrupted operation.

Maintenance, outages, or third-party issues may impact performance.

We are not liable for downtime or service disruptions.

15. Disclaimers

The Services are provided “as is” and “as available.”

We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee accuracy of transcripts, summaries, or AI-driven outputs.

16. Limitation of Liability

To the fullest extent permitted by law, Omnixis and its affiliates shall have no liability for any damages, losses, or claims arising out of or related to the Services.

If liability cannot be fully disclaimed under applicable law, our total aggregate liability shall not exceed the total fees paid by you for the Services during the twelve (12) months preceding the event giving rise to the claim.

We are not liable for any indirect, incidental, consequential, or special damages, including lost profits, lost opportunities, or loss of data.

17. Indemnification

You agree to indemnify, defend, and hold harmless Omnixis, its affiliates, officers, and employees from claims, damages, or expenses arising from:

Your use of the Services.

Your breach of these Terms.

Your violation of law.

Any dispute with your callers, customers, or third parties.

18. Termination & Suspension

We may suspend or terminate your account if you breach these Terms or misuse the Services.

Upon termination, your right to use the Services ends immediately.

We may delete your data after termination, subject to applicable law.

19. Dispute Resolution & Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, USA, unless otherwise required by the laws of the country where you are located.

Any dispute or claim arising out of or relating to these Terms or the Services shall be resolved through binding arbitration conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA), unless local law requires a different method of dispute resolution.

All disputes will be handled on an individual basis, not as part of any class, collective, or representative action.

Either party may seek injunctive or equitable relief in any court of competent jurisdiction, including the state or federal courts located in Delaware, USA.

20. Force Majeure

We are not liable for delays or failures caused by events beyond our control, including natural disasters, telecom outages, labor disputes, cyberattacks, or government actions.

21. Miscellaneous

Entire Agreement: These Terms and our Privacy Policy form the entire agreement.

Severability: If a provision is invalid, the rest remains enforceable.

Assignment: You may not assign without our consent; we may assign freely.

Notices: Notices may be delivered electronically.

No Waiver: Failure to enforce rights is not a waiver.

22. Contact

Omnixis AI Systems, Inc
Email: care@omnixis.ai