These Terms & Conditions ("Terms") constitute a legally binding agreement between you ("Customer," "Client," "User," "you") and Omnixis AI ("Company," "we," "our," "us"), governing your use of our SaaS platform, AI Caller, WhatsApp AI Agent, integrations, and all related services (collectively, the "Services").
By accessing or using the Services, you agree to these Terms. If you do not agree, you may not use the Services.
1. Services Provided
Omnixis AI provides:
• A SaaS platform enabling AI-powered outbound and inbound calls, WhatsApp automation, lead qualification, appointment setting, and related services. • Subscription plans (Basic, Pro, Custom) and enterprise agreements. • Optional Done-For-You services, which may include campaign management, script creation, and CRM integrations.
We may update or enhance the Services at any time without notice, provided such changes do not materially reduce functionality.
2. Eligibility
• You must be at least 18 years of age. • You must have the authority to bind your company or organization to this Agreement. • By registering, you confirm that all information provided is accurate and complete.
3. Subscriptions & Payments
• Subscription fees are billed monthly or annually in advance depending on the plan selected. • Payment is processed securely via third-party providers (Stripe, PayPal, etc.). • All SaaS subscriptions are non-refundable, including partial months or unused features. • Additional costs (e.g., Twilio minutes, call concurrency usage, CRM integrations) are billed separately. • Failure to pay on time may result in suspension or termination of your account.
4. Customer Responsibilities
You agree to:
• Provide accurate and lawful lead/contact data. • Use the Services in compliance with applicable telemarketing, privacy, and data protection laws (e.g., GDPR, CCPA, TCPA, TDRA). • Ensure you have obtained all necessary consents from your customers before sharing their data with Omnixis AI. • Manage ad spend, third-party accounts, and integrations unless explicitly covered by a written agreement with us. • Use the Services for legitimate business purposes only.
5. Data Storage & Security
• All customer data (including call logs, transcripts, and analytics) is securely stored on Amazon Web Services (AWS) servers in the United States. • AWS provides encryption at rest and in transit (AES-256, TLS 1.2+), with compliance certifications (SOC 1/2/3, ISO 27001). • While Omnixis AI takes strong measures to protect your data, you acknowledge that no system is 100% secure and you use the Services at your own risk.
6. Acceptable Use
You may not use the Services to:
• Engage in illegal, fraudulent, or deceptive activities. • Send spam, robocalls, or unauthorized marketing communications. • Infringe the rights of others, including intellectual property and privacy rights. • Attempt to gain unauthorized access to the platform or interfere with its performance. • Use the Services to process or transmit sensitive data (e.g., health, financial, or biometric information) without our written approval.
7. Intellectual Property
• The Omnixis AI platform, AI scripts, workflows, documentation, branding, and technology are the exclusive property of Omnixis AI. • Customers receive a limited, non-exclusive, non-transferable license to use the Services during their active subscription. • You may not copy, reverse-engineer, resell, sublicense, or distribute the Services without our prior written consent.
8. Termination & Suspension
• You may cancel your subscription at any time; cancellation will take effect at the end of your billing cycle. • Omnixis AI reserves the right to suspend or terminate accounts that: - Violate these Terms. - Fail to pay fees when due. - Pose a security or compliance risk. • Upon termination, your access to the Services and data may be permanently removed after the retention period described in our Privacy Policy.
9. Refund & Cancellation Policy
• SaaS Plans: All fees are non-refundable. • Enterprise/Done-For-You Services: Refunds, if any, are governed by the specific agreement signed between you and Omnixis AI. • If the platform is unavailable due to a verified fault of Omnixis AI for an extended period (over 7 consecutive days), you may request a credit toward future use.
10. Limitation of Liability
To the maximum extent permitted by law:
• Omnixis AI makes no guarantees regarding specific business outcomes, appointments, or revenue results. • Omnixis AI shall not be liable for indirect, incidental, special, or consequential damages, including loss of profits, opportunities, or goodwill. • Our total liability under this Agreement shall not exceed the total fees you paid to Omnixis AI in the three (3) months preceding the claim.
11. Indemnification
You agree to indemnify, defend, and hold harmless Omnixis AI, its officers, employees, contractors, and affiliates from any claims, damages, losses, or expenses arising from:
• Your misuse of the Services. • Your violation of laws or regulations (including telemarketing and data protection). • Any third-party claims related to the data you provide to the platform.
12. Governing Law & Jurisdiction
• For international clients, these Terms are governed by the laws of the State of Delaware, United States. • For GCC and MENA clients, these Terms are governed by the laws of the United Arab Emirates. • Any disputes shall be resolved through binding arbitration in Dubai, UAE, or Delaware, USA, unless otherwise agreed in writing.
13. Updates to Terms
We may revise these Terms from time to time. The latest version will always be available on our website. Continued use of the Services after updates constitutes acceptance of the new Terms.
14. Contact Information
For questions regarding these Terms, please contact us:
• 📩 Email: [email protected] • 📍 Address: Omnixis AI – Dubai, United Arab Emirates