Terms of Service

1. Agreement to Terms

By accessing or using the Omni AI platform operated by Omni Business Services LLC ("Omni AI", "we", "us", "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. These Terms apply to all visitors, users, and customers.

2. Description of Service

Omni AI provides AI-powered business automation tools including AI voice agents, lead management, appointment scheduling, reputation management, and related services (the "Service"). Features vary by subscription tier.

3. Accounts and Registration

• You must be at least 18 years old and have the authority to bind a business entity to create an account.
• You are responsible for maintaining the security of your account credentials. Notify us immediately at [email protected] if you suspect unauthorized access.
• You are responsible for all activity that occurs under your account.
• You must provide accurate, complete, and current information during registration and keep it updated.

4. Subscriptions and Billing

• Free Trial: New accounts may be eligible for a 14-day free trial. A valid payment method is required to start a trial. You will not be charged until the trial period ends unless you cancel before then.
• Subscription Fees: Subscription fees are charged in advance on a monthly or annual basis depending on your selected plan. All fees are non-refundable except as required by law or as set forth in our refund policy.
• Price Changes: We may change subscription pricing with 30 days' advance notice. Continued use after the effective date constitutes acceptance of new pricing.
• Cancellation: You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of your current billing period.
• Taxes: Prices do not include applicable taxes. You are responsible for all taxes associated with your use of the Service.

5. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations, including telemarketing and TCPA requirements
• Harass, abuse, or harm any person
• Send spam, unsolicited communications, or violate anti-spam laws (CAN-SPAM, CASL)
• Impersonate any person or entity fraudulently
• Scrape, crawl, or systematically extract data from the Service
• Reverse engineer, decompile, or attempt to extract source code
• Interfere with or disrupt the integrity or performance of the Service
• Use the AI agents to provide medical, legal, financial, or other regulated professional advice
• Record calls without required consent under applicable wiretapping laws

6. AI Services and Telephone Use

• Call recording consent: You are solely responsible for ensuring you have obtained all required consents before recording calls through the Service. Requirements vary by jurisdiction (e.g., all-party consent states).
• TCPA compliance: You are solely responsible for complying with the Telephone Consumer Protection Act and any other applicable telemarketing laws when using AI calling features.
• AI limitations: AI responses are automated and may be inaccurate. Do not rely on AI output for safety-critical decisions. You are responsible for reviewing and supervising AI employee actions.
• Phone numbers: Phone numbers provisioned through the Service are leased from carriers and may not be transferred or ported if your subscription is cancelled.

6a. SMS / Text Message Program

When you opt in to receive SMS messages from Omni AI by checking the consent box on our signup forms or by texting us first, you agree to the following:

• Program description: The Omni AI SMS program sends account, service, scheduling, and sales-related text messages from our business numbers to the mobile number you provide.
• Frequency: Message frequency varies. You may receive up to 10 messages per month per active conversation thread.
• Cost: Message and data rates may apply, depending on your mobile plan.
• Opt-out: Reply STOP at any time to cancel. You will receive one confirmation message and no further texts unless you re-opt in.
• Help: Reply HELP for support, or contact [email protected].
• Carriers: Supported on AT&T, Verizon, T-Mobile, Sprint, US Cellular, and other major US carriers. Carriers are not liable for delayed or undelivered messages.
• Privacy: Mobile information collected for SMS purposes (phone numbers, opt-in status, message content) is not sold, rented, or shared with third parties or affiliates for marketing or promotional purposes. See our Privacy Policy.

6b. Payment Processing (Stripe Connect)

If you enable payment features, the Service allows you to request and collect payments from your own customers ("End Customers") through payment links and invoices. Payments are processed by Stripe, Inc. ("Stripe") through a Stripe Express connected account issued in your name.

• Stripe agreement required: To collect payments you must open a Stripe connected account and accept the Stripe Connected Account Agreement, which is a contract between you and Stripe. Your use of payment features is conditioned on your ongoing compliance with that agreement and with Stripe's applicable policies. Stripe may suspend or close your connected account under its own terms, and we cannot override that decision.
• Platform fee: Omni AI charges a platform fee of 2% of each transaction processed through the Service. This fee is collected automatically at the time of the transaction and is in addition to Stripe's own processing fees, which are charged to you separately by Stripe under your Stripe agreement. We will give at least 30 days' notice before increasing the platform fee.
• We are not a party to your transactions: Omni AI provides software that initiates payment requests. We are not the seller, merchant of record, or a party to any contract between you and your End Customers. We are not a bank, money transmitter, money services business, or payment processor, and we do not take possession, custody, or control of settlement funds. Funds settle from Stripe directly to the bank account you designate on your connected account.
• You own the customer relationship: You are solely responsible for the goods or services you sell, the accuracy of amounts you charge, applicable sales and use taxes, providing receipts, and honoring your own refund and cancellation policies.
• Refunds, disputes, and chargebacks: You are solely responsible for all refunds, chargebacks, disputes, fines, penalties, and reversals arising from your transactions, together with any associated fees. Platform fees already collected on a refunded or disputed transaction are non-refundable. If your Stripe balance is insufficient to cover a negative balance, you remain liable for the shortfall, and you authorize us to invoice you or offset the amount against amounts otherwise payable to you.
• Prohibited and restricted businesses: You may not use payment features for any business or activity prohibited by Stripe's Restricted Businesses list, or for unlawful transactions, money laundering, or terrorist financing.
• Card network and legal compliance: You are responsible for complying with all applicable card network rules, PCI DSS where applicable, anti-money-laundering requirements, and consumer protection and lending laws in the jurisdictions where you operate. Payment card data is collected and stored by Stripe; Omni AI does not receive or store full payment card numbers.
• Suspension: We may suspend payment features immediately, without liability, if we reasonably suspect fraud, a violation of these Terms or Stripe's terms, or if directed to do so by Stripe, a card network, or a regulator.
• Payouts: Payout timing, reserves, and holds are determined by Stripe under your connected account agreement, not by Omni AI. We are not liable for delays, reserves, or holds imposed by Stripe or its financial partners.

6c. Websites, Social Posting, and Developer API

• Hosted websites: Where the Service generates or hosts a website on your behalf, you are solely responsible for the lawfulness and accuracy of its content, including any claims, pricing, licensing or registration numbers, and required disclosures for your trade or jurisdiction. You represent that you hold all necessary rights to any text, images, logos, or media you supply. We will respond to valid takedown notices under the Digital Millennium Copyright Act and may remove infringing content or suspend a site pending resolution.
• Social media publishing: If you authorize the Service to publish to your social accounts, you grant us permission to post on your behalf using the credentials or tokens you connect, and you remain responsible for compliance with each platform's own terms of service and advertising policies. Platforms may restrict, throttle, or terminate automated posting at any time; we do not guarantee delivery, reach, or continued availability of any social integration.
• Developer API keys: API keys issued to you are confidential credentials tied to your account. You are responsible for safeguarding them and for all activity performed with them, including activity by your own employees, contractors, or software. Notify us immediately at [email protected] if a key is exposed so we can revoke it. We may apply rate limits and may revoke keys that are abused, that threaten the stability of the Service, or that are used to build a competing product.
• Domains: Where you connect a domain you own, you are responsible for maintaining its registration. Domains registered or leased on your behalf may not transfer automatically on cancellation; contact us before cancelling if you intend to retain a domain.

7. Your Content

You retain ownership of all content, data, and information you provide to the Service ("Your Content"). By using the Service, you grant Omni AI a limited, non-exclusive license to use Your Content solely to provide and improve the Service.

You represent that you have all rights necessary to grant this license and that Your Content does not violate any third-party rights.

7a. Data Processing Addendum

This section forms a Data Processing Addendum (“DPA”) and applies whenever you use the Service to process personal information relating to your End Customers, leads, or other individuals (“Client Personal Data”). It takes effect automatically on your acceptance of these Terms; no separate signature is required. Where this DPA conflicts with any other part of these Terms, this DPA controls as to Client Personal Data.

• Roles: As to Client Personal Data, you are the controller (or “business” under the CCPA/CPRA) and Omni AI is the processor (or “service provider”). As to account, billing, and platform usage data about you and your personnel, Omni AI acts as a controller under its Privacy Policy.
• Scope and instructions: We process Client Personal Data only to provide, secure, and support the Service, and only on your documented instructions — which include these Terms and your configuration of the Service. We will notify you if we believe an instruction violates applicable data protection law.
• No sale or sharing: We do not sell or share Client Personal Data as those terms are defined under the CCPA/CPRA, and we do not retain, use, or disclose it for any purpose other than performing the Service, except as permitted by law. We do not combine Client Personal Data with data from other sources to build independent profiles, and we do not use it to train general-purpose AI models for our own benefit or that of third parties.
• Categories: Client Personal Data typically includes End Customer names, telephone numbers, email addresses, service addresses, appointment details, message content, and call recordings and transcripts, processed for the duration of your subscription.
• Confidentiality: Personnel authorized to process Client Personal Data are bound by written confidentiality obligations and receive access only on a need-to-know basis.
• Security: We maintain technical and organizational measures appropriate to the risk, including encryption in transit and at rest, role-based access controls, tenant isolation, logging, and periodic review. See Section 9.
• Sub-processors: You grant general authorization for us to engage sub-processors. The current list is published in our Privacy Policy. We impose data protection obligations on each sub-processor no less protective than this DPA and remain liable for their performance. We will give at least 30 days' notice before adding or replacing a sub-processor; you may object on reasonable data protection grounds, and if we cannot accommodate the objection you may terminate the affected Service without penalty for the unused portion of your term.
• Assistance: Taking into account the nature of the processing, we will provide reasonable assistance with your obligations regarding data subject requests, data protection impact assessments, and consultation with supervisory authorities. If a data subject contacts us directly about Client Personal Data, we will refer them to you rather than respond substantively.
• Data subject requests: The Service provides functionality allowing you to access, correct, export, and delete Client Personal Data. Where you cannot fulfill a request through the Service, we will assist on written request at [email protected].
• Breach notification: We will notify you without undue delay, and in any event within 72 hours of becoming aware, of any personal data breach affecting Client Personal Data, and will provide the information reasonably necessary for you to meet your own notification obligations.
• Deletion and return: On termination, we will make Client Personal Data available for export for 30 days and will then delete or anonymize it, except where retention is required by law. On written request within that window we will certify deletion.
• Audit: On reasonable written notice, no more than once in any 12-month period (unless required by a supervisory authority or following a breach), we will make available information reasonably necessary to demonstrate compliance with this DPA, and will respond to a reasonable security questionnaire in lieu of an on-site audit.
• International transfers: Where Client Personal Data originating in the European Economic Area, United Kingdom, or Switzerland is transferred to a country without an adequacy decision, such transfers are governed by the European Commission's Standard Contractual Clauses (Module Two, controller to processor), which are incorporated into this DPA by reference and completed with the parties, categories, and security measures described here.
• Your responsibilities: You represent that you have provided all required notices and obtained all consents and lawful bases necessary for us to process Client Personal Data as contemplated, including for call recording, SMS messaging, and automated outbound contact.

8. Intellectual Property

The Service, including all software, designs, text, graphics, and AI models, is owned by Omni AI and protected by intellectual property laws. You receive a limited, non-exclusive, non-transferable license to use the Service during your subscription. No other rights are granted.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, OMNI AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Omni AI and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Service, Your Content, your violation of these Terms, or your violation of any rights of a third party.

12. Termination

• You may terminate your account at any time by cancelling your subscription and deleting your account from account settings.
• We may suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, or if required by law.
• Upon termination, your right to use the Service ceases immediately. We will retain your data for 30 days after termination to allow export, then delete it.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any dispute arising from these Terms shall first be submitted to informal negotiation for 30 days. If unresolved, disputes shall be settled by binding arbitration under the American Arbitration Association rules, conducted in English in Delaware. Class action waiver: you waive any right to participate in class action lawsuits or class-wide arbitrations.

14. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by email or a notice in the Service at least 14 days before the changes take effect. Continued use after changes take effect constitutes acceptance.

15. Contact

Questions about these Terms? Contact us: