Terms Of Service

1. Introduction

1.1 Overview and Purpose
These Terms of Service (“Terms”) govern the relationship between you (“User,” “You,” or “Your”) and Omni Automation LLC (“Company,” “We,” “Us,” or “Our”) regarding Your access to and use of Our software, AI automations, and related services (collectively, the “Services”). By using the Services, You agree to comply with and be bound by these Terms.

1.2 Binding Agreement & Acceptance by Use
You acknowledge that no “I agree” checkbox is required for acceptance. Your continued use of Our Services or any part thereof constitutes Your full acceptance of these Terms. If You do not agree with any part of these Terms, You should refrain from using Our Services.

1.3 Updates to Terms
We reserve the right to modify or update these Terms at any time by posting the revised version on Our Terms of Service page. The “Last Updated” date will reflect the effective date of the revised Terms. Your continued use of the Services after any such updates constitutes acceptance of the modified Terms.

2. Definitions

2.1 “Company,” “We,” “Us,” or “Our”
Refers to Omni Automation LLC, including its owners, employees, representatives, successors, and assigns.

2.2 “User,” “You,” or “Your”
Any individual, entity, or organization that accesses or uses Our Services. This includes both businesses and, where applicable, individual consumers.

2.3 “Services”
Encompasses all offerings provided by Omni Automation LLC, including but not limited to SaaS subscriptions, AI-driven automations, professional services (e.g., consulting, training, setup), beta programs, and any related support or ancillary services.

2.4 “Software”
Refers to any proprietary applications, platforms, or tools made available by the Company through subscription or other licensing arrangements. This includes backend systems, APIs, dashboards, and any associated documentation.

2.5 “Content”
All information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials that may be accessible through the Services.

2.6 “User-Generated Content”
Materials, data, or information that You upload or transmit through the Services. Per Your input, You agree that any such User-Generated Content is not owned by You upon transmission and may be used by the Company under these Terms.

2.7 “AI-Generated Output”
Any text, images, or other content produced by the Company’s AI automation tools or software. Under these Terms, You (the User) will have ownership rights to any AI-Generated Output once delivered.

2.8 “Beta Features”
New or experimental functionalities within the Services that may be offered at the Company’s discretion, identified or not as “beta,” which are subject to additional disclaimers and limited support.

2.9 “Reselling or White-Label Arrangement”
Any agreement under which a User is authorized to rebrand, bundle, or otherwise incorporate the Company’s Services into their own product or service for resale or distribution.

3. Eligibility & Accounts

3.1 Age Restriction (18+)
You must be at least 18 years of age to create an account or otherwise use Our Services. By accessing or using the Services, You represent and warrant that You are at least 18 years old.

3.2 Business vs. Individual Use
The Services are primarily intended for business users (e.g., agencies, enterprises) but may also be made available to individual consumers on a limited basis. When using the Services on behalf of a business entity, You represent that You have the authority to bind that entity to these Terms.

3.3 Account Creation, Security & Responsibility

  1. Account Registration: You may be required to create an account to access certain features of the Services. You agree to provide accurate and complete information during registration and to promptly update such information if it changes.
  2. Security: You are responsible for maintaining the confidentiality of Your account credentials. You must immediately notify the Company of any unauthorized use or suspected breach of Your account.
  3. Liability for Account Actions: You are fully responsible for all activities that occur under Your account. The Company shall not be liable for any loss or damage resulting from Your failure to keep Your account secure.

4. Description of Services

4.1 SaaS Subscriptions vs. Professional Services

  1. SaaS Subscriptions: We provide subscription-based Software solutions that allow You to access Our AI automations, dashboards, and other functionalities on a recurring billing cycle (e.g., monthly).
  2. Professional Services: We may also offer additional services such as consulting, setup, training, and business process automation. These services may be billed separately through service contracts or statements of work.

4.2 Scope of AI Automation Offerings
Our AI automation offerings include (but are not limited to) blog writing, social media posting, CRM automation, and other marketing or operational tools designed to streamline Your business processes. Actual deliverables, features, and service levels will vary based on Your subscription plan or individual service agreement.

4.3 Beta Features / Trial Programs
From time to time, We may introduce new or experimental features on a “beta” basis. These Beta Features may be identified as such or may be provided without explicit labeling, offered at Our sole discretion. Beta Features are subject to additional disclaimers and limited support; We reserve the right to modify or discontinue Beta Features at any time without notice.

4.4 Reselling or White-Label Arrangements
Certain Users may enter into a separate agreement with the Company to rebrand, bundle, or otherwise integrate Our Services into their own offerings for resale or distribution. The scope of such arrangements, including responsibilities and pricing, will be set forth in a separate agreement. Unless otherwise specified, all provisions of these Terms apply equally to any reseller or white-label participant.

5. Subscription & Payment Terms

5.1 Billing Cycles (Monthly or Contract-Based)

  1. Monthly Subscriptions: By subscribing to Our monthly SaaS plans, You agree to pay the applicable fees on a recurring monthly basis, unless otherwise specified in a service contract.
  2. Service Contracts: Professional services, integrations, or custom projects may be billed separately under individual service contracts, which shall outline fees, payment schedules, and deliverables.

5.2 Payment Methods
We primarily accept payments via Stripe or other third-party payment processors authorized by Us. By providing payment information, You represent that You are authorized to use the designated payment method and authorize Us (or Our third-party payment processors) to charge Your payment method for the total amount due.

5.3 Pricing, Free Trials & Promotional Discounts

  1. Pricing: Fees are as listed on Our website or in Your service contract. We reserve the right to change pricing at any time, but will provide reasonable notice before doing so.
  2. Free Trials: We may, at Our sole discretion, offer free trials or discounted promotions. The duration and terms of any free trial or promotion will be specified at signup.
  3. Promotional Discounts: Discounted rates are valid only for the specified promotional period. After the promotional period ends, regular fees will apply unless otherwise stated.

5.4 Non-Refundable Policy

  1. Services Rendered: All fees for services rendered (including blog writing, social media posting, and other AI-driven deliverables) are non-refundable once delivered.
  2. Subscription Fees: Subscription fees paid for the billing cycle are also non-refundable, except as expressly required by applicable law or detailed in these Terms.

5.5 Replacement of Certain Deliverables
Where a blog post or social media post contains material errors, You may request a replacement by submitting a form detailing the issue with the original deliverable. If We deem the request valid, We will provide a revised version. This replacement policy is offered solely at Our discretion and does not constitute a refund.

6. User Obligations & Acceptable Use

6.1 Prohibited Activities
You agree not to use the Services to:

  1. Violate Laws: Engage in any activity that violates any applicable local, state, national, or international law or regulation.
  2. Spam or Hack: Send unsolicited marketing messages (spam), attempt to hack or disrupt Our networks or systems, or introduce malware.
  3. Reverse Engineer: Reverse engineer, decompile, or disassemble any part of the Software or Services, except to the extent allowed by law.
  4. Infringe IP: Upload or distribute any content that infringes upon a third party’s intellectual property rights.

6.2 Content Standards
You may only use Our Services for legitimate business or personal needs, such as creating or automating service-related or marketing-related content. You must not upload offensive, defamatory, or otherwise inappropriate materials. The Company reserves the right, but not the obligation, to review, monitor, and remove content that violates these Terms.

6.3 No Upload of Sensitive or Regulated Data
We do not explicitly support handling of sensitive or regulated data (e.g., PHI under HIPAA, payment card data under PCI). If You choose to upload such information in violation of these Terms, You assume all liability for any resulting issues, and the Company disclaims all responsibility and liability relating to such unauthorized use.

6.4 Responsibility for Compliance
You are responsible for complying with all applicable laws and regulations regarding Your use of the Services, including any data protection or privacy laws.

7. Ownership & Intellectual Property

7.1 Company IP
All trademarks, copyrights, proprietary software code, documentation, and other intellectual property (“IP”) related to the Services are and remain the exclusive property of the Company. Nothing in these Terms transfers any such rights to You unless explicitly stated in a separate written agreement.

7.2 User-Generated Content
You acknowledge that any content, data, or materials You upload to Our platform or provide to Us (“User-Generated Content”) does not remain Your property. By submitting User-Generated Content, You grant the Company an irrevocable, worldwide, royalty-free license to use, reproduce, modify, and distribute such content for the purpose of providing and improving the Services.

7.3 AI-Generated Output
Any text, images, or other output generated by Our AI automations (“AI-Generated Output”) is deemed owned by You once delivered. You assume full responsibility for the use, publication, and distribution of AI-Generated Output, subject to the disclaimers in these Terms.

7.4 Feedback License
If You provide the Company with suggestions, comments, or feedback regarding the Services, You grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to incorporate, implement, and use such feedback in Our services or products.

8. AI Disclaimers & Limitations

8.1 “As Is” Nature of AI Services
Our AI-based tools and automations are provided on an “as is” basis. The AI may produce inaccurate, incomplete, or biased results due to various factors, including limitations in training data or user inputs.

8.2 No Liability for AI Inaccuracies
The Company disclaims all liability for any inaccuracies or errors in AI-Generated Output. You acknowledge and agree that any reliance on such output is solely at Your own risk. The user (You) assumes all liability arising from or relating to the use of AI-Generated Output.

8.3 User Data for AI Training / Improvement
You agree that the Company may use User-Generated Content, along with aggregated or anonymized usage data, to train or improve its AI models and related technologies. The Company will take commercially reasonable measures to safeguard any confidential or personal information, but does not guarantee that AI training data is permanently disassociated from identifiable data.

9. Limitations of Warranties & Disclaimers

9.1 “As Is” Services / No Uptime Guarantee
To the fullest extent permitted by law, the Services are provided “as is” and “as available,” with all faults and without warranties of any kind. We do not guarantee continuous or error-free operation of the Services and disclaim any warranties regarding uptime or performance.

9.2 No Warranty for AI Outputs
We make no representation or warranty regarding the accuracy, reliability, or completeness of any AI-Generated Output. All implied warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement, are expressly disclaimed.

9.3 Disclaimer of Other Warranties
Except where prohibited by law, We disclaim any and all other warranties that may be implied by law, custom, or otherwise. No advice or information obtained by You from Us shall create any warranty not expressly stated in these Terms.

10. Limitation of Liability & Indemnification

10.1 Monetary Cap on Liability
To the fullest extent permitted by law, the total liability of the Company for any claim arising out of or relating to these Terms or the Services shall be limited to the amount of fees You paid to the Company in the twelve (12) months preceding the event giving rise to the claim.

10.2 Indemnification
You agree to indemnify, defend, and hold harmless the Company, its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with:

  1. Your access to or use of the Services;
  2. Your breach of these Terms or violation of any applicable law;
  3. Any claim that Your use of the Services or any AI-Generated Output caused harm to a third party;
  4. Any content or data You provide to the Company, including sensitive or regulated data uploaded in violation of Section 6.3.

10.3 No Liability for User’s Upload or Use of Data
The Company shall not be liable for any consequences resulting from Your decision to upload, store, or use data in a manner that violates these Terms, applicable laws, or third-party rights.

11. Termination & Suspension

11.1 Right to Terminate Accounts
The Company reserves the right to terminate or suspend Your access to the Services at any time, with or without notice, if You violate these Terms or if Your conduct is deemed harmful to the interests of the Company or other users.

11.2 Effect of Termination
Upon termination or suspension, the Company may retain Your data, including User-Generated Content, in accordance with its data management policies. If Your account is terminated for a violation of these Terms, You shall not be entitled to any refund for any unused portion of subscription fees.

11.3 Termination by User
You may discontinue use of the Services at any time. If You choose to terminate Your account, no refunds will be issued for any unused portion of the billing cycle or for any professional services already rendered.

12. Refund Policy

12.1 No Refund for Rendered Services
Fees paid for completed deliverables (such as blog posts, social media content, or other AI-driven outputs) are non-refundable once delivered. This policy also applies to any professional services performed under an agreed scope of work.

12.2 Replacement-Only Policy for Defective Deliverables
If a blog post or social media deliverable contains significant errors, You may request a replacement by submitting a form detailing the issue. If the Company determines the request is valid, it will provide a revised or corrected version. This replacement policy is at the Company’s sole discretion and does not constitute a right to a monetary refund.

12.3 No Refund Upon Termination
If Your access is terminated due to violation of these Terms, or if You voluntarily terminate Your subscription mid-cycle, the Company will not issue any partial or prorated refunds

13. Governing Law & Dispute Resolution

13.1 Choice of Law (Wyoming)
These Terms and any dispute arising out of or relating to them shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law provisions.

13.2 Venue (United States)
All legal actions arising under or relating to these Terms shall be filed and maintained in a court of competent jurisdiction located within the United States. You irrevocably submit to the personal jurisdiction of such courts for any such action.

13.3 Mandatory Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including the determination of the scope or applicability of this arbitration clause, shall be determined by final and binding arbitration administered by a recognized arbitration provider in accordance with its rules. Judgment on the arbitration award may be entered in any court having jurisdiction.

13.4 Waiver of Certain Rights
By agreeing to arbitration, You and the Company each waive the right to a trial by jury or to participate in a class action, collective action, or other representative proceeding.

14. Force Majeure

14.1 Scope of Unforeseeable Events
The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

14.2 Relief from Liability
In the event of a force majeure, the Company’s obligations shall be suspended for the duration of the event. The Company will make reasonable efforts to notify You of the force majeure and its expected impact on performance.

15. Miscellaneous

15.1 Entire Agreement
These Terms, along with any referenced policies (such as Our Privacy Policy), constitute the entire agreement between You and the Company concerning the Services and supersede all prior agreements, understandings, or communications.

15.2 Assignment
You may not assign or transfer any rights or obligations under these Terms without the Company’s prior written consent. The Company may assign its rights and obligations without restriction.

15.3 No Waiver
No failure or delay by the Company in exercising any right or remedy provided by these Terms shall operate as a waiver. Any waiver by the Company must be in writing to be effective.

15.4 Severability
If any provision of these Terms is deemed invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

15.5 Notices
Except as otherwise stated, all notices given under these Terms shall be in writing and deemed duly given (a) when delivered personally, (b) when sent by email with confirmation of receipt, (c) the next business day if sent by overnight courier, or (d) three (3) business days after being mailed by certified or registered mail, return receipt requested.

16. Contact Information

If You have any questions about these Terms or the Services, please contact Us at:

Omni Automation LLC
1712 Pioneer Ave, Suite 500
Cheyenne, WY 82001
Email: brett@omniautomation.ai