These Terms and Conditions ("Terms") govern your access to and use of Omnithium, Inc.'s AI platform and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Definitions
"Omnithium," "we," "us," or "our" refers to Omnithium, Inc., a corporation organized under the laws of the State of Delaware. "User," "you," or "your" refers to any individual or entity that accesses or uses the Service. "Content" means any data, text, files, information, usernames, images, graphics, or other materials submitted through the Service.
2. Eligibility and Account Registration
You must be at least 18 years of age and have the legal capacity to enter into a binding agreement to use the Service. If you are accessing the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at security@omnithium.ai of any unauthorized use of your account.
3. License and Permitted Use
Subject to your compliance with these Terms, Omnithium grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes. You may not:
- Sublicense, resell, or transfer access to the Service to any third party without prior written consent
- Reverse-engineer, decompile, or disassemble any portion of the Service
- Use the Service to develop a competing product or service
- Remove or obscure any proprietary notices in the Service
- Use automated means to scrape, crawl, or extract data from the Service
- Circumvent any rate limits, authentication mechanisms, or access controls
4. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with our Acceptable Use Policy. You may not use the Service to:
- Generate, store, or transmit content that is unlawful, harmful, threatening, or abusive
- Violate any applicable law, regulation, or third-party rights
- Transmit malware, viruses, or any code of a destructive nature
- Interfere with or disrupt the integrity or performance of the Service
- Attempt to gain unauthorized access to any systems or networks
5. Intellectual Property
The Service and its underlying technology, including all software, models, interfaces, and documentation, are owned by Omnithium and are protected by intellectual property laws. You retain all rights to the Content you submit through the Service. By submitting Content, you grant Omnithium a limited, royalty-free license to process that Content solely as necessary to provide the Service.
Omnithium does not claim ownership over outputs generated by AI models on your behalf. You are responsible for ensuring that your use of such outputs complies with applicable law.
6. Fees and Payment
Access to certain features requires a paid subscription. Fees are described on our pricing page and may be updated with 30 days' notice. All fees are non-refundable except as expressly provided in these Terms or required by law. Failure to pay may result in suspension or termination of your account.
7. Data and Privacy
Your use of the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of information as described therein.
8. Confidentiality
Each party agrees to keep confidential any non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential. This obligation does not apply to information that is publicly known, independently developed, or required to be disclosed by law.
9. Warranties and Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OMNITHIUM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) $100 USD.
11. Indemnification
You agree to indemnify, defend, and hold harmless Omnithium and its officers, directors, employees, and agents from any claims, liabilities, damages, and expenses (including attorneys' fees) arising from your use of the Service, your Content, or your violation of these Terms.
12. Termination
We may suspend or terminate your access to the Service at any time, with or without cause, upon notice. You may terminate your account at any time by contacting support@omnithium.ai. Upon termination, your license to use the Service ends and we may delete your data per our data retention policy.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law provisions. Any dispute arising under these Terms shall be resolved through binding arbitration under the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction.
14. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes via email or a prominent notice on the Service. Continued use of the Service after the effective date of changes constitutes your acceptance of the updated Terms.
15. Contact
If you have questions about these Terms, please contact us at legal@omnithium.ai or write to: Omnithium, Inc., Legal Department, 548 Market St, PMB 12345, San Francisco, CA 94104.