These Terms of Service ("Terms") are a binding agreement between you and 1001660987 Ontario Inc. ("OmnionAI," "we," "us," "our"), governing your access to and use of the OmnionAI AI phone-receptionist service, websites, dashboards, and related software (collectively, the "Service"). By checking the acceptance box and creating an account, or by otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not access or use the Service. If you are using the Service on behalf of a business or other entity, you represent and warrant that you are authorized to bind that entity, and "you" refers to that entity.
OmnionAI provides an AI-powered virtual receptionist that answers inbound phone calls on your behalf, captures caller information, triages and routes messages, and (where you enable it) schedules appointments and sends notifications. The Service depends on third-party providers for telephony, speech, language models, calendar, email, and payments. The Service is provided to you as a convenience and productivity tool only; it does not replace a human receptionist, professional judgment, or your own legal and operational responsibilities.
You must provide accurate, complete account information and keep your credentials secure. You are responsible for all activity that occurs under your account, whether or not authorized by you. You must be at least 18 years old and capable of forming a binding contract. You are solely responsible for the configuration of your AI receptionist — including greetings, scripts, prices, services, booking rules, escalation settings, knowledge-base content, and notification recipients — and for reviewing its behavior on an ongoing basis.
When you create an account, you are required to check a box confirming that you have read and agree to these Terms and the Privacy Policy. That action constitutes your electronic signature and forms a binding contract. You may not use the Service unless and until you have accepted these Terms. Your continued use of the Service after any changes take effect also constitutes acceptance of the then-current Terms.
We do not offer a free trial. Your subscription begins, and billing starts, when you complete checkout. From time to time we may offer promotional discounts — which could include a discounted or complimentary introductory period — redeemable only by entering a valid promotion code at checkout. Any such promotion applies only if a code is entered, is subject to its own stated terms and eligibility, may be changed or withdrawn at any time, and does not otherwise change the automatically recurring, non-refundable nature of your subscription described below. Unless you cancel before your next billing date, your subscription renews automatically and your payment method is charged the then-current fee for your plan on the recurring interval shown at checkout, without further notice.
Paid plans are billed in advance on an automatically recurring basis at the interval shown at checkout (for example, monthly). Prices are stated in the currency shown at checkout and exclude applicable taxes, which are your responsibility. Plans may include a set amount of usage (such as included minutes); usage beyond the included amount may incur overage charges at the rates shown for your plan. You authorize us and our payment processor (Stripe) to store your payment method and to charge it for all fees, taxes, and overages when due, and to do so on a recurring basis until you cancel. If a charge fails, we may retry it and may suspend the Service until payment is received. Except where required by non-waivable law, all fees are non-refundable and we do not provide refunds or credits for partial periods, unused minutes, or downgrades. We may change pricing on prospective notice; changes take effect at your next billing cycle.
Included minutes and service at the limit. Each paid plan includes a set monthly allotment of call minutes. If you use all of your included minutes (and any prepaid top-up balance) during a billing month, the Service pauses for the rest of that period or until you add minutes: your AI stops answering calls, and incoming callers will reach an unanswered line (no message is taken) until service is restored. You can restore service at any time by buying top-up minutes or upgrading your plan, which resumes call answering automatically. To the extent permitted by law, we are not responsible for calls that are missed, unanswered, or not captured while the Service is paused.
Top-up minutes. You may buy additional ("top-up") minutes at any time, subject to a minimum purchase (currently US$10). Top-up minutes are credited at your plan's then-current per-minute rate, charged as a one-time payment at purchase, and are non-refundable except where required by non-waivable law. They remain available while your subscription is active and are used only after your monthly included minutes are exhausted.
Auto-recharge. If you turn on auto-recharge, you authorize OmnionAI and our payment processor (Stripe) to automatically charge your stored payment method, on an off-session and repeating basis and without further notice, in the amount you select, each time your balance runs low, in order to add top-up minutes and keep your Service running. These charges continue until you turn auto-recharge off, which you may do at any time in your dashboard. You are responsible for keeping a valid payment method on file; if an auto-recharge charge fails, the Service may pause (your AI stops answering calls) until a payment succeeds.
Phone numbers. Any phone number we assign to you is provided through our telephony provider and is licensed to you for use with the Service only while your subscription is active. You do not own the number, and we do not guarantee that a specific number will remain available or be portable to another carrier. If your subscription ends, is cancelled, or is suspended for non-payment, we may release or reclaim the number, after which it may be reassigned and calls to it will no longer reach you. You are responsible for informing your callers of any number change.
You may cancel at any time; cancellation takes effect at the end of the then-current billing period and you retain access until then. We may suspend, restrict, or terminate your access to the Service, in whole or in part, at any time and without liability, for non-payment, suspected fraud or abuse, violation of these Terms or applicable law, or to protect the Service, other users, or third parties. Upon termination, your right to use the Service ends immediately. Sections that by their nature should survive termination (including fees owed, disclaimers, limitations of liability, indemnification, and governing law) will survive.
The Service integrates with and depends on third-party providers (including, without limitation, telephony, AI/voice, language-model, calendar, email, and payment providers). Your use of those integrations may be subject to their own terms. We do not control and are not responsible or liable for the acts, omissions, availability, performance, outages, errors, security, pricing, or content of any third-party provider, and any such failure does not entitle you to any refund or credit.
You understand and agree that the Service uses automated telephony, speech recognition, text-to-speech, and large language models that are probabilistic and can mishear, misinterpret, omit, fabricate, delay, or produce inaccurate, incomplete, or unintended results, and that calls may be missed, dropped, misrouted, or not connected. The Service does not provide legal, medical, financial, accounting, or other professional advice, and nothing it says should be relied upon as such. You are solely responsible for reviewing and verifying all outputs before relying on or acting on them. We do not warrant or guarantee that the Service will answer or capture every call, message, lead, or appointment, will correctly identify emergencies or urgency, or will be accurate, complete, secure, error-free, or uninterrupted. The Service is not an emergency service and is not a substitute for 911 or any emergency, medical, crisis, or life-safety line. It cannot be relied upon to place, receive, route, or escalate emergency calls, and you must not configure or represent it as an emergency-response channel. You are responsible for ensuring that you and your callers have a separate, working means of reaching emergency services.
You knowingly and voluntarily assume all risks associated with using an automated, AI-based receptionist in place of, or alongside, a human. To the maximum extent permitted by law, OmnionAI is not responsible or liable for, and you release us from, any loss or damage arising from or relating to: missed, dropped, delayed, or misrouted calls or messages; inaccurate, incomplete, or fabricated responses, bookings, quotes, transcripts, or summaries; failure to detect or escalate an emergency or urgent matter; reliance on any output without your review; lost or missed customers, leads, sales, business, revenue, goodwill, or opportunities; scheduling, pricing, or commitment errors; or your or your callers' actions taken in reliance on the Service. You are responsible for maintaining your own backup means of receiving and handling calls and for independently confirming anything important.
We and our licensors own all right, title, and interest in and to the Service and its software, models, and content, including all intellectual property rights. We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to use the Service during your paid subscription, subject to these Terms. You retain ownership of the business content and data you provide ("Customer Data"), and you grant us a worldwide, royalty-free license to host, process, transmit, and use Customer Data and call data as needed to operate, secure, support, and improve the Service, as described in the Privacy Policy. You represent that you have all rights necessary to provide Customer Data and to authorize this use.
Our handling of personal information and Customer Data is described in our Privacy Policy, which is incorporated into these Terms. Each party will protect the other's confidential information using at least reasonable care. We implement reasonable safeguards but do not guarantee that data will never be lost, accessed, or disclosed without authorization, and, to the maximum extent permitted by law, we are not liable for any such event except to the extent directly caused by our gross negligence or willful misconduct.
Health information. The service is not designed or offered for collecting, storing, or transmitting regulated health information, including protected health information ("PHI") under HIPAA (United States) or personal health information under PHIPA or similar Canadian law. OmnionAI is not a HIPAA business associate and does not offer a Business Associate Agreement (BAA). If you are a healthcare provider or otherwise subject to health-privacy law, you must not use the service to collect health information from callers, and you are solely responsible for your own regulatory compliance, including any caller disclosures and consents required in your industry.
The service, including all software, AI outputs, and related materials, is provided "as is" and "as available," with all faults, and without warranties or conditions of any kind, whether express, implied, statutory, or otherwise. To the maximum extent permitted by law, OmnionAI and its suppliers and licensors disclaim all warranties and conditions, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, title, accuracy, quiet enjoyment, and non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the service will be uninterrupted, timely, secure, accurate, or error-free, or that it will meet your requirements. No advice or information, whether oral or written, obtained from the service creates any warranty not expressly stated here.
To the maximum extent permitted by law, in no event will OmnionAI or its owners, officers, employees, suppliers, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, customers, business, or anticipated savings, arising out of or relating to the service or these Terms, whether based in contract, tort (including negligence), strict liability, or any other theory, and whether or not we were advised of the possibility of such damages.
To the maximum extent permitted by law, OmnionAI's total aggregate liability for all claims arising out of or relating to the service or these Terms will not exceed the total amount you actually paid us for the service in the three (3) months immediately preceding the event giving rise to the claim.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you; in that case our liability is limited to the smallest amount permitted by law. These limitations are an essential part of the agreement between you and us.
You will defend, indemnify, and hold harmless OmnionAI and its owners, officers, employees, suppliers, and licensors from and against any and all claims, demands, investigations, damages, liabilities, penalties, fines, losses, and costs (including reasonable legal fees) arising out of or relating to: (a) your access to or use of the Service; (b) your Customer Data, configuration, scripts, prices, or instructions; (c) the recording, monitoring, or handling of calls or messages, or any failure to obtain required consents; (d) any claim by a caller or other third party relating to your use of the Service; (e) your violation of these Terms or of any applicable law (including call-recording, consent, privacy, and messaging laws); or (f) your infringement or misappropriation of any third-party right.
To the maximum extent permitted by law, any claim or cause of action arising out of or relating to the Service or these Terms must be commenced within one (1) year after the claim or cause of action arose; otherwise it is permanently barred.
We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, internet, telecommunications, hosting, power, or third-party provider failures, outages, or attacks.
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules. Subject to any non-waivable rights you may have under the law of your place of residence, you and we agree to the exclusive jurisdiction of, and venue in, the courts located in Toronto, Ontario, and waive any objection to that forum. Before filing any claim, you agree to first contact us and attempt in good faith to resolve the dispute informally.
We may update these Terms from time to time. Material changes will be posted here with an updated effective date and, where required, with additional notice. Your continued use of the Service after changes take effect constitutes your acceptance of the updated Terms.
These Terms, together with the Privacy Policy and any order or plan details, are the entire agreement between you and us regarding the Service and supersede all prior agreements. If any provision is found unenforceable, it will be limited or severed to the minimum extent necessary and the remaining provisions remain in full force. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them freely (for example, in connection with a merger, acquisition, or sale of assets). There are no third-party beneficiaries. Notices to you may be given through the Service or to the email on your account.
Questions about these Terms: omnionai.tech@gmail.com.