We at Digital Formulations LLC respect the privacy of users and visitors to our website.
You may also choose not to provide us with “optional” personal data (i.e. “not required” fields on forms), but please keep in mind that without it we may not be able to provide you with the full range of our Services or with the best user experience when using our Services.
Who do we collect data from?
· Business Users/ Institutions: We collect the personal data of the internal focal persons of our business customers / Institutions (“Business Customer”), submitted to our server/system based form generation platform (hereinafter referred to as the “Platform”), who directly engage with Omniuse concerning the Omniuse account of such Business Customer, such as Admins or billing contacts.
· Individual Users: personal data of the Individual User where he/ she is directly interacting with the Site/application or using the Services for himself/ herself.
· Visitors / Users of our Sites/ Application/ Services: data relating to visitors / users of our websites, participants at our events, and any other prospective customer, user or partner (collectively, “Prospects”) who visits or otherwise interacts with our websites, mobile applications, digital ads and content, emails, integrations or communications under our control (“Site/ Application”, and collectively with the Platform – the “Services”).
What data do we collect?
We may collect the following categories of personal data:
From Users availing our Services:
· Name, email, phone number, position, profile picture, login credentials, contractual, billing details, payment information, and any other information submitted by Admins or otherwise available to us when they sign up or log in to the Site/ Application, when creating profile on behalf of the Business Customer.
· We collect this information directly from the Individual or the Business Customer, their Admins, or other third parties related to the Business Customer’s Omniuse account.
From all Users / Visitors of our Site/ Application / Services:
· Connectivity, technical and usage data, such as IP addresses and approximate general locations derived from such IP addresses, device and application data (like type, operating system, mobile device or app ID, browser version, location and language settings used), activity logs, the relevant cookies and pixels installed or utilized on your device, and the recorded activity (sessions, clicks, use of features, logged activities and other interactions) in connection with our Services. We collect and generate this information automatically, including through the use of analytics tools (including cookies and pixels) – which collect data such as: how often one visits or uses the Site/ Application, which pages they visit and when, which website, ad or email message brought them there, and how they interact with and use the Site/ Application and its various features.
· Personal data contained in any forms and inquiries that you may submit to us, including support requests, interactions through social media channels and instant messaging apps, registrations to events that we host, organize or sponsor, and participation in our online and offline communities and activities; surveys, feedback and testimonials received; expressed.
We collect this information you provide to us when you request or purchase products, services, or information from us, register with us (including when you link your profile on a third-party site or platform with your registration account), participate in forums or other activities on our Site/ Application, respond to guest surveys, call us, or otherwise interact with us using one or more devices. You may provide information in a variety of ways, including by typing or using voice commands.
From time to time, we may receive Personal Data about you from third party sources like databases and social media but only where we have checked that these third parties either have your consent to or are otherwise legally permitted or required to disclose your personal information to us. The types of information we obtain from such third parties include your name, e-mail address, postal address, location, designation, and telephone number.
Our Site/ Application and Services (including some of our Services Providers) utilize “cookies”, anonymous identifiers, pixels, container tags analytics signals, web beacons, log files, and other technologies in order for us to provide and monitor our Services and Site/ Application, to ensure that they perform properly, to analyze our performance and marketing activities, and to personalize your experience. Such cookies and similar files or tags may also be temporarily placed on your device. Certain cookies and other technologies serve to recall personal data, such as an IP address, as indicated by a Prospect or User. You may also use the “Cookie settings” feature available in our Services depending on your location and activity on our Services, as applicable. We may also use Google Analytics to help us understand how you use the Site. You can read more about how Google uses your Personal Information here: https://policies.google.com/privacy. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Cookies are small pieces of data that are stored on your computer, mobile phone or other device. Pixels are small blocks of code on web pages that do things like allow another server to measure viewing of a web page and are often used in connection with cookies. HTML5 Local Storage is a small database located inside your browser which web pages can use to store data to speed up their processing. Cookies do lots of different jobs, like letting you navigate between pages efficiently, storing your preferences, and generally improving your experience on our Site/ Application. Cookies make the interaction between you and our Site/ Application faster and easier. Cookies and other things like local storage also help us authenticate you to deliver personalized content to you.
Please note that we do not change our practices in response to a “Do Not Track” signal in the HTTP header from a browser or mobile application. However, most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or to block or remove cookies altogether. We are not responsible for those third parties or what they may place on your device or in your browser.
How we use your data & legal bases we rely on
We use personal data for the following purposes (and in accordance with the legal bases as provided):
· Enable us to provide the Services
· Ensure that our apps/website are presented in an effective manner for you and for your device
· Provide you with marketing information about us and our services, including personalised marketing
· Notify you about changes to our Service
· Carry out our obligations arising out of the Terms of Service
· Keep the platform secure
· Improve user experience and our Services
· Enable us to be legally compliant
· Defend our servers against malicious attacks
· Communicate with you
We try to be as careful as possible when using your data. Anywhere we take in personal data or perform actions we feel may be optional or objectionable to you, we will ask for your consent which can also be revoked at a later date. We are always looking to improve and as we identify data that falls into this category will continue to inform you so you are always aware of when we take in your data and how we process it.
Our Use Of Aggregated And Anonymized Information
We may share anonymized usage data which does not identify you specifically with third parties. We may combine your data with those of other users of our Services and share this information in aggregated and anonymized form with third parties to help us improve the design and delivery of our software tools, increasing the effectiveness for all users.
When and with whom do we share your data
When processing your Personal Data, we may need to share it with other third parties, as set out below. Data with third parties are shared only as reasonably necessary to provide the Service(s) and subject to confidentiality obligations. This list is non-exhaustive and there may be circumstances where we need to share Personal Data with other third parties:
· With third party service providers providing us with services, such as research and analytics, anti-spamming and anti-phishing services, marketing and data enrichment or for them to reach out to you on our behalf.
· With third parties assisting us in providing the Services, and assisting us with marketing, advertising our product/service offerings, or providing, maintaining and improving the features and functionality of the Services.
· With payment processors who process your credit card and other payment information. In addition, we may disclose information to third parties to verify the authenticity of any financial transaction involving our company or to update your billing information.
· With third-party social media networks, advertising networks and websites.
· If you submit a public review or feedback, note that we may (at our discretion) store and present your review publicly, on our Site/ Application and Services.
· In exceptional circumstances, we may disclose or allow government and law enforcement officials access to your personal data, in response to a subpoena, search warrant or court order (or similar requirement), or in compliance with applicable laws and regulations.
· We may share your personal data with others if we believe in good faith that this will help protect the rights, property or safety of Omniuse, any of our Users, or any members of the general public.
· With affiliates and companies that we will acquire in the future when they are made part of our group – this may be for customer support, marketing, technical operations, account management or organizational purposes and to provide, enhance and improve the Services. In addition, should Omniuse or any of its subsidiaries undergo any change in control, including by means of merger, acquisition or purchase of substantially all of its assets, your personal data may be shared with the parties involved in such an event.
· With auditors, lawyers, accountants and other professional advisers who advise and assist us in relation to the lawful and effective management of our organization and in relation to any disputes we may become involved in.
Some of our advertising partners may deploy their own tracking or cookies not administered by Us. These technologies are subject to our advertisers’ Privacy Policies.
We engage in Services and promotional communications, through email, phone, SMS and notifications.
Services Communications: We may contact you with important information regarding our Services. For example, we may send you notifications (through any of the means available to us) of changes or updates to our Services, billing issues, log-in attempts or password reset notices, etc. You can control your communications and notifications settings from your User Profile settings, or otherwise in accordance with the instructions that may be included in the communications sent to you. However, please note that you will not be able to opt-out of receiving certain Services communications which are integral to your use (like password resets or billing notices).
Promotional Communications: We may also notify you about new features, additional offerings, events and special opportunities or any other information we think you will find valuable. We may provide such notices through any of the contact means available to us (e.g. phone, mobile or email), through the Services, or through our marketing campaigns on any other sites or platforms. If you do not wish to receive such promotional communications, you may notify Omniuse at any time by sending an email to us, changing your communications preferences in your User Profile settings, or by following the “unsubscribe”, “stop”, “opt-out” or “change email preferences” instructions contained in the promotional communications you receive.
Where is your data stored and when is it retained
Data Location: We and our authorized Service Providers (defined below) maintain, store and process personal data your local jurisdiction or such other locations as reasonably necessary for the proper performance and delivery of our Services, or as may be required by applicable law.
Data Retention: We may retain your personal data for as long as it is reasonably needed in order to maintain and expand our relationship and provide you with our Services and offerings; in order to comply with our legal and contractual obligations; or to protect ourselves from any potential disputes (i.e. as required by laws applicable to log-keeping, records and bookkeeping, and in order to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use), all in accordance with our data retention policy and at our reasonable discretion. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of such data, the potential risk of harm from unauthorized use or disclosure of such data, the purposes for which we process it, and the applicable legal requirements. If you have any questions about our data retention policy, or wish to inquire about your personal data in our possession or request the deletion of any personal data that you have submitted to us, please contact us at email@example.com
How we keep your data secure
The security, integrity, and confidentiality of your information are extremely important to us. Omniuse takes all appropriate technical and administrative security measures to protect your personal data from loss and misuse. The information you provide to us may be stored on servers in your local jurisdiction as we may determine in our sole discretion, and may include servers owned and operated by Amazon Web Services, Inc. (‘Authorised Service Provider’).
We use industry standard security measures to keep your data safe including private networking, firewalling, role-based access controls, authentication, backups, and monitoring. Your data is stored in a secure operating environment, which is not publicly accessible. Your personal data is encrypted when transferred using Secure Socket Layer (SSL) technology. This means that communication between your computer and our servers uses a recognized encryption method, provided your browser supports SSL. We regularly review our security procedures to consider appropriate new technology and methods. Please be aware that, despite our best efforts, no security measures are perfect or impenetrable.
We have appropriate internal policies regarding standard operating procedures in handling your personal information and/or data. Only employees who need access to such information to perform a specific job, as provided in this Policy, are granted access to personal data. In addition, we are committed to taking strict action to enforce the privacy responsibilities of our employees.
In the event that the security of information and/or personal data is breached as a result of a security failure, We will immediately, and not later than any period specified under any applicable law, notify the Users whose personal information security is breached.
Where we have given you a username, password and/or security information which enables you to access particular features of the Service, you are responsible for keeping these access credentials confidential. You must not share these details with anyone, or store them in a way that may allow a third party to access them.
We provide you the ability to exercise certain controls and choices regarding our collection, use and sharing of your information. In accordance with applicable law and subject to the terms of this policy, your controls and choices may include:
· Right to obtain information about the clarity of identity, the basis of legal interests, the purpose of the request and use of personal data, and about our accountability;
· Correcting, updating, and deleting your account with us;
· Choosing or changing your choices for subscriptions, newsletters, and alerts;
· Right to withdraw consent granted for personal data;
· Right to data portability;
· Choosing whether to receive from us offers and promotions for our products and services, or products and services that we think may be of interest to you;
· Controlling targeted advertising from many ad networks and partners; data exchanges; and marketing analytics and digital advertising and marketing service providers;
· Choosing whether we share your personal information with other companies so they can send you offers and promotions about their products and services;
· Requesting removal of your personal information from our Site/ Application or Services;
· Requesting access to the personal information we hold about you and that we amend or delete it.
If you wish to exercise your privacy rights under applicable law (including the EU or UK GDPR or the California Consumer Privacy Act (CCPA)) – such as (each to the extent applicable to you under the laws which apply to you) the right to know/request access to (specific pieces of personal data collected; categories of personal data collected; categories of sources from whom the personal data was collected; purpose of collecting personal data; categories of third parties with whom we have shared personal data), to request rectification or erasure of your personal data held with Omniuse, or to restrict or object to such personal data’s processing (including the right to direct us not to sell your personal data to third parties now or in the future), or to obtain a copy or port such personal data, or the right to equal Services and prices (e.g. freedom from discrimination) – please contact us by email.
If you are a GDPR protected individual, and wish to complain about the processing of your personal information then please contact us first, and if we do not satisfactorily deal with your complaint, then you may proceed in accordance with the GDPR.
We may redact from the data which we make available to you, any personal or confidential data related to others.
Certain data protection laws and regulations, such as the GDPR or the CCPA, typically distinguish between two main roles for parties processing personal data: the “data controller” (or under the CCPA, “business”), who determines the purposes and means of processing; and the “data processor” (or under the CCPA, “Services provider”), who processes such data on behalf of the data controller (or business). Below we explain how these roles apply to our Services, to the extent that such laws and regulations apply.
Omniuse is the “data processor” of personal data contained in Business Customer Data, as submitted by our Business Customers and Users. We process such data on behalf of our Business Customer (who is the “data controller” of such data) and in accordance with its reasonable instructions, subject to our Terms (to the extent applicable) and other commercial agreements with such Customer.
Our Business Customers are solely responsible for determining whether and how they wish to use our Services, and for ensuring that all individuals using the Services on the Business Customer’s behalf or at their request, as well as all individuals whose personal data may be included in Business Customer Data processed through the Services, have been provided with adequate notice and given informed consent to the processing of their personal data, where such consent is necessary or advised, and that all legal requirements applicable to the collection, use or other processing of data through our Services are fully met by the Business Customer. Our Business Customers are also responsible for handling data subject rights requests under applicable law, by their Users and other individuals whose data they collect/ process through the Services.
If you would like to make any requests or queries regarding personal data we process as a data processor on our customer’s behalf, including accessing, correcting or deleting your data, please contact the Business Customer’s Admin directly.
If you have any questions or would like to exercise your rights under the CCPA, you can contact us by email.
Age Limitations: To the extent prohibited by applicable law, Omniuse does not allow use of our Service and Website by anyone younger than 13 years old, or such other age prescribed by applicable law. We do not knowingly collect personal data from children and do not wish to do so. If we learn that a person under the age of 13, or such other age prescribed by applicable law, is using the Services, we will attempt to prohibit and block such use and will make our best efforts to promptly delete any personal data stored with us with regard to such child. If you believe that we might have any such data, please contact us by email.
Terms of Service
These Terms of Service along with any other terms and policies referenced herein, as amended from time to time (the “Terms”) constitute a legally binding agreement, between you and us, as of the date these Terms were lastly updated, governing your access to, and the use of the website and the mobile application, owned or operated by Digital Formulations LLC (the “Site/ Application”), and the use of, and registration with, our Service (defined below) through the Site/ Application, or through any other means.
These Terms are between Digital Formulations LLC (“Omniuse”, “us”, “we” or “our”) and you, either individually, or on behalf of your company or any other entity which you represent (“you” or “your”). In case you represent your company, institute or another entity, you hereby represent that (i) you have full legal authority to bind your company, institute or entity (as applicable) to these Terms; and (ii) after reading and understanding these Terms, you agree to these Terms on behalf of your company, institute or entity, and these Terms shall bind your company, institute or entity.
PLEASE NOTE THAT YOU ARE DEEMED AS AN AUTHORIZED REPRESENTATIVE OF YOUR COMPANY OR ENTITY, AS APPLICABLE: (I) IF YOU ARE USING YOUR COMPANY, INSTITUE OR AN ENTITY’S EMAIL ADDRESS IN REGISTERING INTO THE SERVICE; AND (II) IF YOU ARE AN ADMIN (AS DEFINED BELOW).
IF YOU DO NOT AGREE TO COMPLY WITH, AND BE BOUND BY, THESE TERMS OR DO NOT HAVE AUTHORITY TO BIND YOUR COMPANY, INSTITUE OR ENTITY, PLEASE DO NOT ACCEPT THESE TERMS OR ACCESS OR USE THE SERVICE OR THE OMNIUSE SITE OR OMNIUSE MOBILE APPLICATION.
1. Our Service
The Omniuse platform is a web and mobile application based system that inter alia helps companies as well as individuals to create, use and fill forms for various purposes (the “Service”).
Modification or Discontinuation of the Service
We may add, modify or discontinue any feature, functionality or any other tool, within the Service and/or Site/ Application, at our own discretion and without further notice. We may, in our sole discretion, notify you by posting an announcement on the Site/ Application and/or via the Service or by sending you an email, about such addition, modification or discontinuation.
Ability to Accept Terms
You must be of the age of majority according to the law applicable to you to use the Site and Services. By agreeing to these Terms, you represent and warrant to us: (i) that you are not a minor; and (ii) that if you are under the age of majority or under the age of legal eligibility and capacity in the jurisdiction applicable to you to enter into binding contracts, you agree to use the Site and Services, under the guidance of and through a legal guardian, provided both you and such legal guardian have read and agreed to these Terms and approved of your continued use of the Services subject to these Terms; (iii) that you have not previously been suspended or removed from the Services; and (iv) that your use of the Services is in compliance with any and all applicable laws and regulations.
2. Account Registration and Administration
To register for the Service for the first time, you are required to create an account with the Service. By creating an account (the “Account”) and registering for the Service, you become, either individually or on behalf of your company, institute or entity (“Business Customer”), or on behalf of whom you created the Account, a Omniuse customer (the “Customer”). In case of Business Customers, one user may be designated as administrator of the Account (the “Admin”). The Admin may assign additional users of the Account as Admins. Admins may be changed by Business Customers.
Your Registration Information and verification
When you create an Account or when you are added into an Account or create your user profile (the “User Profile”), you: (i) agree to provide us with accurate, complete, and current registration information about yourself; (ii) acknowledge that it is your responsibility to ensure that your password remains confidential and secure; (iii) agree that you are fully responsible for all activities that occur under your User Profile and password, including any integration or any other use of third party products or services (and associated disclosure of data) in connection with the Service; and (iv) undertake to promptly notify us in writing if you become aware of any unauthorized access or use of your Account or User Profile and/or any breach of these Terms.
We may assume that any communications we receive under your User Profile have been made by you. You will be solely responsible and liable for any losses, damages, liability and expenses incurred by us or a third party, due to any unauthorized usage of the Account by either you or any other User or third party on your behalf.
You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your Account and/or User Profile. In the event that you or the Admin lose access to an Account or otherwise request information about an Account, we reserve the right to request from you or such Admin (as the case may be) any verification we deem necessary before restoring access to or providing information about such Account.
Our Intellectual Property
The Service and Site/ Application, inclusive of materials, software, programming interface, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks, any and all related or underlying technology and any modifications, enhancements or derivative works of the foregoing (collectively, “Omniuse Materials”), are Our property and of our licensors, and is protected by applicable copyright and other intellectual property laws. We retain all rights, title and interest, including all intellectual property rights, in and to the Omniuse Materials.
Your Access and Use Rights
Subject to these Terms, we grant you a limited, worldwide, non-exclusive, non-transferable right to access and use the Service and Site/ Application, during the applicable Subscription Term, solely for Customer’s internal purposes.
Except as expressly permitted in these Terms or our End User Licensing Agreement, you may not, and shall not allow any third party to: (i) give, sell, rent, lease, timeshare sublicense, disclose, publish, assign, market, resell, display, transmit, broadcast, transfer or distribute any portion of the Service or the Site/ Application to any third party; (ii) circumvent, disable or otherwise interfere with security-related features of the Site/ Application or Service or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Service or Site/ Application; (iii) reverse engineer, decompile or disassemble, decrypt or, attempt to derive the source code of, the Service or Site/ Application, or any components thereof; (iv) copy, modify, translate, improve, alter, change or create any derivative works of the Service or Site/ Application, or any part thereof; (v) take any action that imposes or may impose (at Omniuse’s sole discretion) an unreasonable or disproportionately large load on the Omniuse infrastructure or infrastructure which supports the Site/ Application or Service; (vi) interfere or attempt to interfere with the integrity or proper working of the Service or Site/ Application, or any related activities; (vii) remove, deface, obscure, or alter Omniuse’s or any third party’s identification, attribution or copyright notices, trademarks, or other proprietary rights affixed to or provided as part of the Service or Site/ Application, or use or display logos of the Service or Site/ Application without Our prior written approval; (viii) use the Service or Site/ Application for competitive purposes, including to develop or enhance a competing service or product; (ix) use the Service or Site in violation of applicable law; (x) store or transmit any content that infringes upon any third party’s intellectual property rights; (xi) post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libellous, obscene, or discriminatory; (xii) post, transmit, upload, link to, send or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software; (xiii) track cookies, ad exchanges, ad networks, data brokerages, or to send electronic communications in violation of applicable law; or (xiv) encourage or assist any third party to do any of the foregoing.
Omniuse respects your privacy and is committed to protecting the information you share with us for availing our Services (the “Customer Data”). It is agreed that you retain all right, title and interest (including any and all intellectual property rights) in and to the Customer Data and any modifications made thereto. Subject to these Terms, Customer hereby grants to Omniuse and its affiliates a non-exclusive, worldwide, royalty-free right to process the Customer Data solely to the extent necessary to provide the Services and perform all related obligations owed to Customer under these Terms, or as may be required by law. You are solely responsible for the accuracy, content and legality of all Customer Data. You warrant that Customer has and will have sufficient rights in the Customer Data to grant the rights to us under these Terms. Customer Data will be considered as Confidential Information.
We may allow you to upload, share, post, publish, transmit, or otherwise make available (“Share”) on or through the Site, content, such as text, chats, images, audio, video, contest entries or other content, which may be accessible and viewable publicly. You agree that you will only Share, on or through the Site, such content that you have the right and authority to Share and for which you have the right and authority to grant to Omniuse all of the licenses and rights set forth herein. By Sharing content, you grant Omniuse a worldwide, perpetual, royalty-free, irrevocable, non-exclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the content for any purpose and in any form, medium, or technology now known or later developed. You warrant that: (a) you have the right and authority to grant this license; (b) Omniuse's exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party rights; and (c) all moral rights in the content have been waived to the full extent allowed by law.
We may monitor, screen, post, remove, modify, store and review such content or communications, at any time and for any reason, including to ensure that such content or communication conforms to these Terms, without prior notice to you. We may terminate your account and access to the Site or Service if your content violates these Terms, including unlawful postings or content, without prior notice to you.
5. Third Party Services
We may present to you (including on our websites/ mobile application) services provided by third parties, other than Omniuse (“Third-Party Services”). We do not endorse or make any representation, warranty or promise regarding, and do not assume any responsibility for, any such Third-Party Service, regardless of whether it is described as “authorized”, “certified”, “recommended” or the like. We have no obligation to make available or provide support for Third-Party Services and do not guarantee the initial or continuing interoperability of the Site/ Application with any Third-Party Services.
We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet by a Third-Party Service Provider (third party providing services, other than Omniuse), and you acknowledge that the Site/ Application may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
If you use a Third-Party Service that requires access to or transfer of the content, you acknowledge that any such access or transfer is between you and the Third-Party Service Provider pursuant to the Third-Party Service Provider’s own terms and conditions and privacy notices, and that we are authorized to provide the content as requested by the Third-Party Services. We shall not be liable or responsible for any modification, loss, damage or deletion of the content by any Third-Party Services obtained by you.
6. Termination and Suspension
- We may decide to temporarily or permanently suspend or terminate your Account and/or User Profile (including any access thereto), in the following events: (i) we believe, at our sole discretion, that you or any third party, are using the Service in a manner that may impose a security risk, may cause harm to us or any third party, and/or may raise any liability for us or any third party; (ii) we believe, at our sole discretion, that you or any third party, are using the Service in breach of these Terms or applicable Law; (iii) Customer’s payment obligations, in accordance with these Terms, are or are likely to become, overdue; or (iv) you commit a breach of these Terms. The aforementioned suspension rights are in addition to any remedies that may be available to us in accordance with these Terms and/or applicable Law.
9. Warranty Disclaimer and Indemnities
In the preparation of the Site/ Application and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, we disclaim any responsibility for any errors in accuracy, completeness and timeliness of the information that may be contained in the Site/ Application. Any reliance on the material on our Site/ Application is at your own risk.
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. The Site/ Application and the service are provided on an “as is”, “with all faults” and “as available” basis, and without warranties of any kind. We and our affiliates, subcontractors, agents and vendors, including, the third party service providers, hereby disclaim any and all representations and warranties of any kind, including without limitation, warranties and/or representations of merchantability, functionality, title, fitness for a particular purpose and non-infringement, whether express, implied or statutory, to the fullest extent permitted by law.
We undertake no obligation to update, amend or clarify information in the Service, except as required by law. No specified update or refresh date applied in the Service should be taken to indicate that all information in the Service has been modified or updated.
We're constantly working hard to enhance our Site/ Application or Service with new features and products. We may add or delete features, start offering new services, or discontinue offering old ones as part of these initiatives. While we make every effort to minimize service interruptions, we cannot promise that there will be no outages or modifications, and your material may be lost as a result of such outages or changes. Any such disruptions or service adjustments are not our responsibility.
You undertake to defend and hold harmless, Omniuse and its affiliates, officers, employees, etc. from any loss or damage arising out of your use of the Site/ Application, and out of your violation of these Terms or applicable laws.
10. Limitation of Liability
In no event shall we, or our affiliates, subcontractors, agents and vendors (including, the third party service providers), be liable under, or otherwise in connection with these Terms for (i) any indirect, exemplary, special, consequential, incidental or punitive damages; (ii) any loss of profits, costs, anticipated savings; (iii) any loss of, or damage to data, use, business, reputation, revenue or goodwill; and/or (iv) the failure of security measures and protections, whether in contract, tort or under any other theory of liability or otherwise, and whether or not you has been advised of the possibility of such damages in advance, and even if a remedy fails of its essential purpose.
We will not be held liable in any way for any content posted by other users, even if such content is harmful, hurting, or objectionable. Please proceed with caution when using our Site/ Application.
Occasionally we may make changes to these Terms for valid reasons, such as adding new functions or features to the Service, technical adjustments, typos or error fixing, for legal, regulatory, or any other reasons we deem necessary, at our sole discretion. When we make material changes to these Terms, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. You are responsible for periodically reviewing this Agreement for updates and amendments. Your continued use of the Service after the changes have been implemented will constitute your acceptance of the changes.
12. Governing Law
These Terms and any action related thereto will be governed and interpreted by and under the laws of the United States without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. Courts of competent jurisdiction located in Ohio, United States, shall have the sole and exclusive jurisdiction and venue over all controversies and claims arising out of, or relating to, these Terms. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. Notwithstanding the foregoing, Omniuse reserves the right to seek injunctive relief in any court in any jurisdiction.
13. General Provisions
We shall not be liable for delay or failure in performance of Services for causes beyond our reasonable control, which may include denial-of-service attacks, interruption or failure of the Internet or any utility service, failures in third-party hosting services, strikes, shortages, riots, fires, acts of God, war, terrorism, or governmental action (‘Force Majeure Event’); or any other damage which does not result from a breach of our obligations under this Agreement.
Relationship of the Parties
The parties are independent contractors. These Terms and the Service provided hereunder, do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third-party beneficiaries to these Terms.
We shall use your contact details that we have in our records, in connection with providing you notices. Our contact details for any notices are detailed below. You acknowledge notices that we provide you, in connection with these Terms and/or as otherwise related to the Service, shall be provided, in the sole discretion of Omniuse, by any of the following means: via the Service, including by posting on our Site/ Application or posting in your account, text, in-app notification, e-mail, phone or first class, airmail, or overnight courier. You further acknowledge that an electronic notification satisfies any applicable legal notification requirements. Any notice to you will be deemed given upon the earlier of: (i) receipt; or (ii) 24 hours of delivery. Notices to us shall be provided at firstname.lastname@example.org
These Terms, and any and all rights and obligations hereunder, may not be transferred or assigned by you without our written approval, provided that you may assign these Terms to your successor entity or person, resulting from a merger, acquisition, or sale of all or substantially all of your assets or voting rights, except for an assignment to a competitor of Omniuse, and provided that you provide us with prompt written notice of such assignment and the respective assignee agrees, in writing, to assume all of your obligations under these Terms. We may assign our rights and/or obligations hereunder and/or transfer ownership rights and title in the Service to a third party without your consent or prior notice to you. Subject to the foregoing conditions, these Terms shall bind and inure to the benefit of the parties, their respective successors, and permitted assigns. Any assignment not authorized under this Section shall be null and void.
These Terms shall be enforced to the fullest extent permitted under applicable Law. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms will remain in effect.
No failure or delay by either party in exercising any right under these Terms will constitute a waiver of that right. No waiver under these Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.
This Agreement read with the EULA encompasses the entire agreement between you and Omniuse with respect to the subject matter hereof and supersedes all prior representations, agreements and understandings, written or oral.
Neither party has received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from an employee or agent of the other party in connection with these Terms.
14. Contact Information
If you have any questions about the Service or these Terms, you may email us at email@example.com