Terms of Service

Last Updated: May 3, 2025

Welcome to Omni Lead Management Software ("Omni," "Service"). These Terms of Service ("Terms") govern your access to and use of the Omni software and services provided by Omni Software ("we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

1. Account Registration and Use

  • You must provide accurate and complete information during registration and keep your account information updated.
  • You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account.
  • You must notify us immediately of any unauthorized use of your account or any other breach of security.
  • The Service is intended for business use by salespeople and administrators in membership-based organizations. You must be at least 18 years old to use the Service.

2. Service Provision

  • We grant you a non-exclusive, non-transferable, revocable license to access and use the Service according to your chosen subscription plan and these Terms.
  • We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice, although we will strive to provide reasonable notice of significant changes.
  • You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Service, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like.

3. User Content and Data

  • You retain ownership of all data, information, and materials that you upload or enter into the Service ("User Content"), including information about your leads, members, and referrals.
  • You grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content solely to the extent necessary to provide, maintain, and improve the Service.
  • You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all User Content.
  • You agree not to upload or transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
  • We have the right, but not the obligation, to monitor User Content and remove any content that we believe violates these Terms or is otherwise harmful.

4. Acceptable Use

You agree not to use the Service:

  • In any way that violates any applicable local, national, or international law or regulation.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation, especially in violation of TCPA or other communication regulations.
  • To impersonate or attempt to impersonate Omni Software, an Omni Software employee, another user, or any other person or entity.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Omni Software or users of the Service or expose them to liability.
  • To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.

5. Fees and Payment

  • Certain features of the Service may require payment of fees based on your selected subscription plan ("Subscription Fees").
  • All Subscription Fees are quoted exclusive of applicable taxes, which you agree to pay.
  • Fees are payable in advance and are non-refundable, except as required by law or as explicitly stated in our refund policy.
  • We reserve the right to change the Subscription Fees upon reasonable prior notice.
  • Failure to pay Subscription Fees may result in suspension or termination of your access to paid features of the Service.

6. Third-Party Services

  • The Service may integrate with or allow you to connect to third-party services (e.g., Google Calendar, Twilio).
  • Your use of any third-party services is governed by their respective terms and privacy policies. We are not responsible for the operation, content, or practices of third-party services.
  • Access to and use of third-party services may require you to agree to their terms and potentially pay separate fees.

7. Intellectual Property

  • The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Omni Software and its licensors.
  • The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.
  • Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Omni Software.

8. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OMNI SOFTWARE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL OMNI SOFTWARE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OMNI SOFTWARE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL OMNI SOFTWARE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO OMNI SOFTWARE HEREUNDER IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

10. Indemnification

You agree to defend, indemnify and hold harmless Omni Software and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) User Content posted on the Service.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of Florida, without regard to its conflict of law provisions.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

13. Contact Us

If you have any questions about these Terms, please contact us at: info@0mni.com

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