Terms of Service

1. The Service

1.1 Description

OmniCommsAI is an artificial intelligence-powered communications platform designed for professionals in regulated industries (including but not limited to mortgage origination, real estate brokerage, and insurance sales). The Service enables Customers to send and receive messages, voice calls, emails, and other communications across multiple channels; to manage customer relationships; to deploy autonomous AI Employees that handle communications according to Customer-defined configuration; and to integrate with third-party services including carriers, LLM providers, email platforms, and payment processors.

1.2 Patented and Proprietary Technology

The Service incorporates proprietary and patent-pending technology, including but not limited to event-driven autonomous agent activation, cross-platform conversational continuity, AI-triggered modality escalation, stateless agent lifecycle management, and runtime capability injection. Nothing in these Terms grants you any license to, or ownership of, the underlying technology, other than the limited right to use the Service as permitted herein.

1.3 Beta Features

From time to time, we may offer features identified as "Beta", "Preview", or similar. Beta features are provided as-is, may be discontinued without notice, and are not subject to any service-level commitments. Do not use Beta features in production without first validating behavior for your use case.

2. Accounts and Eligibility

2.1 Eligibility

You must be at least 18 years old and legally capable of entering into a binding contract to use the Service. If you are using the Service on behalf of an entity, you must have authority to bind that entity.

2.2 Registration

You will provide accurate, complete, and current information during registration, and you will keep your account information updated. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately at security@omnicomms.ai if you suspect unauthorized access.

2.3 Sanctioned Persons

You represent that you are not located in, and will not use the Service from, any country or region subject to comprehensive U.S. economic sanctions; that you are not a person designated on the U.S. Treasury Department's Specially Designated Nationals list or equivalent lists maintained by the U.S., U.K., EU, or UN; and that you will not use the Service to send communications to or on behalf of any such person or region.

3. Subscriptions, Billing, and Payment

3.1 Plans

The Service is offered on monthly and annual subscription plans with included usage credit allowances and metered overage rates, as described on our Pricing page. Current plans include Starter, Solopreneur, and Business. Pricing, inclusions, and rates are subject to change; changes affecting existing subscribers are announced at least 30 days in advance.

3.2 Merchant of Record

Subscription and usage charges are billed to you by Paddle.com Market Limited, our merchant of record. Paddle handles payment processing, tax calculation, invoicing, and refunds on our behalf and is a separate controller of your billing information. Mobile subscriptions purchased via the Apple App Store or Google Play are billed by Apple or Google respectively under their platform terms.

3.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period at the then-current price for your plan, until cancelled. You may cancel at any time from Settings → Billing. Cancellation takes effect at the end of the current billing period unless you select immediate cancellation. See our Refund Policy for details on cancellation, prorated refunds, and prepaid credit balance handling.

3.4 Usage Metering and Overage

Usage is metered and deducted from your plan's included credit allowance. Once the allowance is exhausted, additional usage is billed at the overage rates on the Pricing page and collected at the end of the billing period. You can set a monthly spend cap to pause billable usage when reached. You can also pre-load a prepaid credit balance which is consumed before overage charges apply.

3.5 Taxes

Prices are exclusive of applicable taxes. Paddle calculates and collects applicable sales tax, VAT, GST, and similar taxes based on your billing address. You are responsible for any taxes imposed on your income or business operations that are not collectible by us or our payment processor.

3.6 Failed Payments

If a recurring payment fails, we may retry the charge and notify you. If payment is not brought current within 14 days, paid features may be suspended. We do not charge late fees, but you remain liable for the amount due.

3.7 Pass-Through Carrier Costs

When you use Managed Telephony Numbers provided by OmniCommsAI, per-message and per-minute carrier fees are included in our overage rates. When you Bring Your Own Account ("BYOA") for carriers (Twilio, Telnyx), all carrier fees are billed directly to you by that carrier, and OmniCommsAI is not responsible for those charges.

4. Acceptable Use Policy

As a communications platform used to send messages to third parties, responsible use is critical. You agree not to use the Service to:

4.1 Unlawful Communications

• Send messages or make calls in violation of the Telephone Consumer Protection Act (TCPA), including autodialed or prerecorded calls or texts without the required prior express consent, or to numbers on the National Do Not Call Registry absent an exemption.
• Send unsolicited commercial email (spam) in violation of the CAN-SPAM Act, the EU ePrivacy Directive, Canada's Anti-Spam Legislation (CASL), or similar laws.
• Violate applicable industry-specific regulations including but not limited to TRID, RESPA, GLBA, Fair Housing Act, state insurance advertising rules, or state mortgage advertising rules.
• Send messages containing false caller ID or sender information, or otherwise engage in spoofing in violation of the Truth in Caller ID Act.
• Use the Service for any content or conduct that violates law, court order, or third-party rights.

4.2 Consent and Opt-Out

You are solely responsible for obtaining and maintaining all consents required by law from message recipients before sending messages through the Service. You will honor opt-out requests (including "STOP", "UNSUBSCRIBE", and similar keywords) promptly and in accordance with applicable law. OmniCommsAI will automatically process standard opt-out keywords on managed telephony numbers, but you remain responsible for suppression list management on your own accounts.

4.3 Prohibited Content and Industries

You will not use the Service to send communications related to or in support of:

• Promotion of sexually explicit material, escort services, or gambling services where not expressly licensed by the Service;
• High-risk loans, payday loans, or other consumer-finance products listed as "prohibited content" by major U.S. carriers;
• Cannabis, CBD, or controlled substances outside of communications expressly approved by an appropriate state-licensed provider;
• Firearms or ammunition sales not approved by major carriers;
• Get-rich-quick schemes, pyramid schemes, or multi-level marketing programs;
• Phishing, fraud, impersonation, or social engineering;
• Malware, ransomware, or any material intended to harm computer systems;
• Hate speech, harassment, threats, or material that promotes violence against any individual or group.

4.4 Technical Restrictions

• Do not reverse engineer, decompile, or attempt to extract source code from the Service (except where such restriction is prohibited by law).
• Do not access the Service through automated means in excess of our documented API rate limits.
• Do not scrape, crawl, or harvest data from the Service except through our documented APIs.
• Do not use the Service to build a competing product or to benchmark our Service for competitive purposes without our prior written consent.
• Do not bypass, disable, or circumvent any access control, quota, or spend cap.

4.5 Enforcement

We may, at our sole discretion, investigate suspected violations, suspend affected features or accounts, remove or disable content, cooperate with carriers and regulators, and terminate the Service for violations. For recurring or egregious violations (including confirmed spam reports above industry-standard thresholds), we may terminate immediately without refund.

5. Customer Content

5.1 Ownership

You retain all rights, title, and interest in the data, messages, documents, audio, contact records, knowledge base content, voice samples, and other material you upload to or generate through the Service (collectively, "Customer Content").

5.2 License to Operate the Service

You grant OmniCommsAI a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, analyze, and process Customer Content solely as necessary to provide the Service to you. This license terminates when you delete the content or the account, subject to backup retention windows described in our Privacy Policy.

5.3 No Training

We do not use Customer Content to train shared AI models. Customer Content is used only to provide the Service to you, including per-request inference against LLM providers configured on your behalf.

5.4 Customer Representations

You represent and warrant that (a) you own or have the necessary rights to upload, transmit, and process all Customer Content through the Service; (b) Customer Content does not violate any third-party right, law, or contract; (c) you have obtained all consents required from individuals whose personal data is included in Customer Content; and (d) Customer Content is not unlawful, infringing, or in violation of the Acceptable Use Policy.

6. AI-Generated Output — Important Disclaimers

The Service includes AI Employees and other features that generate text, voice, and other output based on your configuration and Customer Content. You understand and agree that:

• AI output is generated algorithmically and may contain errors, omissions, inaccuracies, hallucinations, or output that appears plausible but is factually wrong.
• AI output is not legal, financial, tax, medical, insurance, real estate, or lending advice. You are solely responsible for reviewing, validating, and approving AI output before it is sent to any third party or used in any regulated transaction.
• If you configure an AI Employee to send communications without per-action human review, you accept responsibility for all communications so sent.
• Regulated disclosures (e.g., Truth-in-Lending, Regulation Z, state-mandated disclosures) must be reviewed by you and not relied upon as auto-generated boilerplate.
• We make no warranty that AI output will be complete, accurate, consistent, or suitable for your purpose.

You are the "deployer" of AI systems under applicable AI regulation, and you are responsible for compliance with disclosure obligations (for example, notifying recipients when they are interacting with an AI), record-keeping, and human oversight.

7. Bring Your Own Keys / Accounts (BYOK / BYOA)

Where you connect third-party credentials to the Service (LLM API keys, Twilio account credentials, email provider keys, OAuth tokens), you:

• Represent that you own, or are authorized to use, those credentials;
• Accept that the third-party provider's terms govern the use of that account, and that their fees are billed directly to you by that provider;
• Authorize us to transmit communications and data to the third-party provider on your behalf using those credentials;
• Acknowledge that we are not responsible for acts or omissions of the third-party provider, including outages, data loss, price changes, or policy changes.

Connected credentials are stored encrypted at rest using envelope encryption. You may revoke connections at any time from workspace settings.

8. Intellectual Property

8.1 Service IP

The Service, including all software, designs, interfaces, documentation, trademarks, and underlying technology, is owned by OmniCommsAI or its licensors. These Terms grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during your subscription, solely as permitted herein. All other rights are reserved.

8.2 Feedback

If you provide feedback, suggestions, or ideas about the Service, we may use them without restriction and without any obligation to you. You grant us a perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate such feedback into the Service.

8.3 DMCA / Infringement Claims

We respect intellectual property rights. If you believe content on the Service infringes your copyright, send a notice complying with 17 U.S.C. § 512(c)(3) to dmca@omnicomms.ai. We will respond to properly formatted notices promptly.

9. Third-Party Services

The Service integrates with third-party services (carriers, LLM providers, payment processors, calendar and email providers, and others). Those services are subject to their own terms and privacy policies. We do not control and are not responsible for third-party services, and the availability of any integration does not constitute our endorsement.

10. Industry Compliance

The Service includes features intended to help Customers operating in regulated industries (including mortgage origination, real estate brokerage, and insurance sales) comply with applicable regulations. These features are tools — they do not guarantee regulatory compliance. You remain solely responsible for complying with all laws, regulations, licensing requirements, disclosure obligations, and recordkeeping requirements applicable to your business, including but not limited to:

• TRID, RESPA, ECOA, and Truth in Lending Act (mortgage)
• Fair Housing Act and state fair housing equivalents (real estate)
• State insurance advertising and producer licensing rules
• Gramm-Leach-Bliley Act and the FTC Safeguards Rule (financial services)
• Bank Secrecy Act (financial services)
• TCPA, CAN-SPAM, CASL, and equivalents (communications)
• Applicable state and federal data privacy laws

11. Warranties and Disclaimers

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. We specifically disclaim all implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components, that any defects will be corrected, or that the results of using the Service will meet your requirements. No advice or information obtained from us or through the Service creates any warranty not expressly stated in these Terms.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL OMNICOMMSAI, ITS AFFILIATES, OR THEIR LICENSORS BE LIABLE FOR:

• (a) any indirect, incidental, special, consequential, exemplary, or punitive damages (including damages for lost profits, lost revenues, lost data, or business interruption), whether arising in contract, tort, negligence, or otherwise, and whether or not we have been advised of the possibility of such damages; or
• (b) aggregate liability exceeding the greater of (i) the amount paid by you to OmniCommsAI under these Terms during the twelve (12) months immediately preceding the event giving rise to liability, or (ii) one hundred United States Dollars (US $100).

The limitations in this Section apply to the fullest extent permitted by applicable law. Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, our liability will be limited to the maximum extent permitted by law.

13. Indemnification

You will defend, indemnify, and hold harmless OmniCommsAI, its affiliates, and their respective officers, directors, employees, and agents from and against any third-party claim, demand, loss, liability, damage, or expense (including reasonable attorneys' fees) arising out of or relating to:

• (a) your Customer Content or use of the Service;
• (b) your violation of these Terms, the Acceptable Use Policy, or any applicable law;
• (c) your violation of any third-party right, including privacy, publicity, or intellectual property rights;
• (d) any communications you send through the Service, including claims under the TCPA, CAN-SPAM, CASL, or similar laws;
• (e) your use of any AI-generated output in a regulated transaction without adequate review.

14. Term and Termination

14.1 Term

These Terms begin on the date you first accept them and continue until terminated as described here.

14.2 Termination by You

You may terminate your subscription at any time as described in Section 3 and our Refund Policy.

14.3 Termination by Us

We may suspend or terminate your account immediately if (a) you violate these Terms, the Acceptable Use Policy, or applicable law; (b) we detect fraudulent, abusive, or high-risk activity; (c) your payment is materially delinquent; (d) required by a carrier, regulator, or court order; or (e) we cease offering the Service entirely. For non-material violations we will typically provide notice and an opportunity to cure.

14.4 Effect of Termination

Upon termination your right to access the Service ends. You may request an export of Customer Content within 30 days of termination; after 30 days we may delete Customer Content. Sections 1.2, 5.4, 6, 8, 11, 12, 13, 15, 16, 17, 18, and 19.9 survive termination.

15. Changes to Terms

We may modify these Terms from time to time. The current version is available at https://omnicomms.ai/#/terms. Material changes will be communicated by email to active subscribers at least 30 days before taking effect, with the updated effective date shown at the top. Continued use of the Service after the effective date constitutes acceptance of the modified Terms. If you do not agree to modifications, you may terminate your subscription before they take effect and receive any refund due under our Refund Policy.

16. Governing Law

These Terms and any dispute arising out of them are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17. Binding Arbitration and Class Action Waiver

17.1 Informal Resolution First

Before initiating arbitration, the parties will first attempt to resolve any dispute informally by contacting legal@omnicomms.ai and negotiating in good faith for 30 days.

17.2 Arbitration

Any unresolved dispute arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (or Consumer Arbitration Rules if the Customer is a consumer). Arbitration will be conducted in Sheridan, Wyoming, or by telephone/video at the Customer's election. The arbitrator's decision is final. Judgment on the award may be entered in any court of competent jurisdiction.

17.3 Class Action Waiver

EACH PARTY WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to provide relief warranted by that individual party's claim.

17.4 Opt-Out

You may opt out of the arbitration agreement and class action waiver by sending written notice to legal@omnicomms.ai within 30 days of first accepting these Terms, stating your name, account email, and election to opt out. Opting out does not affect any other part of these Terms.

17.5 Exceptions

The arbitration agreement does not apply to claims for injunctive or equitable relief to prevent actual or threatened infringement of intellectual property rights, or to small-claims-court actions. Either party may seek injunctive relief in a court of competent jurisdiction to protect intellectual property.

18. General

18.1 Entire Agreement

These Terms (together with the Privacy Policy, Refund Policy, and any order form or addendum signed by both parties) constitute the entire agreement between the parties concerning the Service and supersede all prior understandings.

18.2 Severability

If any provision is held unenforceable, the remainder remains in full effect and the unenforceable provision will be construed, to the extent possible, to reflect the original intent.

18.3 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or to a successor in connection with a merger, acquisition, or sale of assets.

18.4 Force Majeure

Neither party is liable for delay or failure in performance to the extent caused by circumstances beyond its reasonable control, including natural disasters, pandemics, labor disputes, acts of terrorism, internet outages, actions of carriers or hosting providers, governmental action, and similar events.

18.5 Notices

Legal notices to us must be sent to legal@omnicomms.ai or by registered mail to the address above. We may provide notices to you by email to the address on your account or by posting in the Service.

18.6 No Waiver

A party's failure to enforce any provision does not waive its right to enforce that provision later.

18.7 Relationship

The parties are independent contractors. These Terms do not create any agency, partnership, or joint venture.

19. SMS Text Messaging Program

This Section governs text (SMS/MMS) messages that OmniCommsAI Inc. sends to you. Messages may be sent from any of the telephone numbers we operate for these programs, and the sending number may change over time or vary between messages. This Section does not govern messages you send to your own contacts through the platform — those are covered by Section 4 (Acceptable Use) and remain your responsibility.

Our messaging numbers are not monitored for inbound voice calls. Use the support channels in Section 19.6 to reach us.

19.1 Two Separate Programs

OmniCommsAI operates two separate text messaging programs. Each has its own consent, and joining one does not join the other.

• Account Alerts (transactional). Account and security updates such as password changes and account setting changes, billing and payment notices, subscription and renewal reminders, and scheduled maintenance or service disruption alerts. Sent to customers who opted in when creating an account or in their notification settings.
• Marketing. Webinar invitations, reminders and join links, new content and resources you requested, product announcements, and promotional offers. Sent to people who opted in on a marketing form, by QR code, or by keyword.

Consenting to one program is not consent to the other, and opting out of one does not opt you out of the other.

19.2 How You Opt In

You join a program only by an affirmative act you take yourself, and each program has its own separate consent checkbox that is never pre-selected. Checking one has no effect on the other.

Account Alerts. Enter your mobile number and actively check the account alerts consent box when you create an account at app.omnicomms.ai, or later in your notification settings. This program has no keyword enrollment.

Marketing. (a) Enter your mobile number and actively check the marketing consent box on a form at omnicomms.ai or on our webinar registration page; (b) scan a QR code on our marketing materials, which opens that same web form; or (c) text our opt-in keyword AI to the number shown on the campaign or marketing material where you found it, and reply Y to the verification message. We do not enroll you until you reply Y. The carrier-standard keywords START, YES, and UNSTOP resume messages on a program you previously stopped.

By opting in you consent to receive automated text messages from OmniCommsAI Inc. at the mobile number you provided, for the program you opted into. Consent is not a condition of purchase or of using the Service, for either program. You represent that you are the subscriber of, or the customary user with authority over, the mobile number you provide, and you agree to notify us if it is reassigned.

19.3 Message Frequency

Message frequency varies based on your account activity and the program you opted into. You will receive up to 6 messages per month per program.

19.4 Message and Data Rates

Message and data rates may apply. Charges depend on your mobile phone service plan and are billed by your wireless carrier, not by OmniCommsAI. Check with your carrier about your plan's messaging and data charges.

19.5 Opting Out (STOP)

You may cancel at any time by replying STOP to any message. We will send a single confirmation and then stop sending messages of that kind to that number. STOP, UNSUBSCRIBE, CANCEL, END, and QUIT are all honored. A STOP reply applies to the program that sent the message you replied to; if you are enrolled in both programs and want to leave both, reply STOP to a message from each, or email support@omnicomms.ai and we will remove you from both. To rejoin, text START or opt in again through the method for that program in Section 19.2.

19.6 Getting Help (HELP)

Reply HELP to any message for assistance, or email support@omnicomms.ai. Our messaging numbers do not accept inbound voice calls.

19.7 Carriers and Delivery

The program is supported by major U.S. wireless carriers. Carriers are not liable for delayed or undelivered messages. Delivery is not guaranteed and may be affected by carrier filtering, network availability, device settings, and factors outside our control. Do not rely on text messages for time-critical or emergency communications.

19.8 Eligibility and Devices

You must be at least 18 years old and use a mobile device on a participating U.S. wireless carrier with text messaging enabled. Not all handsets or carriers support all message types.

19.9 Privacy of Mobile Information

No mobile information will be sold, rented, or shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties, excluding aggregators and providers of the text message services. See Section 14 of our Privacy Policy for the full disclosure.

19.10 Changes

We may modify or discontinue the text messaging program at any time. Material changes are announced in-program or by email, and continued participation after the effective date constitutes acceptance.

20. Contact

Questions about these Terms:

OmniCommsAI Inc.
30 N Gould St Ste R
Sheridan, WY 82801
United States
Email: legal@omnicomms.ai