Terms of Use for Omnibound AI

Effective Date: January 01, 2025

Acceptance of the Terms of Use

These Terms of Use ("Terms") form a binding legal agreement between you and 110Learn LLC dba Omnibound AI ("Omnibound AI," "we," "us," or "our"). These Terms govern your access to and use of our website, currently located at https://www.omnibound.ai/, and all associated subdomains, including any content, features, our software-as-a-service offering, APIs, and services provided on or through our website and subdomains (collectively, the "Platform"), whether you are a visitor or a registered user.

Please take the time to carefully review these Terms of Use before you begin using our Platform. By accessing or using any part of the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy, which can be found at https://www.omnibound.ai/privacy-policy and is incorporated into these Terms by reference. If you do not agree with any part of these Terms or our Privacy Policy, you must not access or use the Platform.

IMPORTANT: THESE TERMS INCLUDE AN AGREEMENT TO ARBITRATE DISPUTES AND LIMITATIONS ON YOUR RIGHTS AND REMEDIES AGAINST US. UNLESS YOU OPT OUT AS DESCRIBED HEREIN, YOU AGREE THAT ANY DISPUTE BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

Our Platform is intended for users who are at least 18 years of age. By using the Platform, you represent and warrant that you are of legal age to form a binding contract with Omnibound AI and meet all applicable eligibility requirements. If you do not meet these requirements, you are prohibited from accessing or using the Platform.

Updates to These Terms

We may update or modify these Terms of Use periodically at our sole discretion. Any changes will become effective immediately upon posting the revised Terms on our Platform and will apply to all subsequent access to and use of the Platform. However, any changes to the dispute resolution provisions will not apply to disputes for which the parties have actual notice prior to the date the change is posted.

By continuing to use the Platform after we post updated Terms, you signify your acceptance of those changes. It is your responsibility to check this page regularly to stay informed of any updates, as they are binding on you.

Accessing Our Platform and Account Security

We reserve the right to modify, suspend, or discontinue our Platform, or any part thereof, and any content or services offered on it, at any time without notice. We will not be liable if, for any reason, all or any portion of the Platform is unavailable at any time or for any duration. We may also, from time to time, restrict access to certain areas or features of the Platform, or the entire Platform, to users, including registered users.

You are responsible for:

Making all necessary arrangements to access the Platform, including ensuring you have adequate internet access.
Ensuring that all individuals who access the Platform through your internet connection are aware of these Terms of Use and comply with them.

To access certain features or resources on our Platform, you may be asked to provide registration details or other information. Your use of the Platform is conditioned on the accuracy, currency, and completeness of all information you provide. You agree that all information you provide to register with our Platform or otherwise, including through any interactive features, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose or are provided with a username, password, or any other security information, you must treat this information as confidential and must not disclose it to any third party. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or parts of it using your credentials. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other security breach. You also agree to log out of your account at the end of each session. Exercise particular caution when accessing your account from a public or shared computer to prevent others from viewing or recording your login information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion, for any reason or no reason, including if we believe you have violated any provision of these Terms of Use.

Account Registration and Use

Eligibility
You must be at least 18 years of age and have the legal capacity to enter into these Terms. By registering for an account, you represent and warrant that you meet these requirements.
Account Creation
To access certain features of the Platform, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated.
Account Security
You are responsible for maintaining the confidentiality of your account credentials (username and password) and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.
Permitted Use
You may use the Platform solely for your internal business purposes in accordance with these Terms and any applicable laws and regulations.

User Content

Your Content
The Platform may allow you to upload, submit, store, send, and receive content ("User Content"). You retain all rights in and are solely responsible for your User Content.
License to Omnibound AI
By uploading, submitting, or otherwise making your User Content available on the Platform, you grant Omnibound AI a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, and distribute your User Content solely for the purpose of providing and improving the Platform.
Content Restrictions
You agree not to upload, submit, or otherwise make available User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. You also agree not to upload content that infringes upon the intellectual property rights of any third party.

Intellectual Property

Omnibound AI Property: The Site and Platform, including all content, features, and functionality (other than User Content), are owned by Omnibound AI, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Limited License: Subject to these Terms, Omnibound AI grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Platform for your internal business purposes.
Trademarks: The Omnibound AI name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Omnibound AI or its affiliates or licensors. You must not use such marks without our prior written permission.

Prohibited Conduct

You agree not to:

Use the Site or Platform in any way that violates any applicable federal, state, local, or international law or regulation.
Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site or Platform, or which, as determined by us, may harm Omnibound AI or users of the Site or Platform or expose them to liability.
Use the Site or Platform for any unauthorized or illegal purpose.
Attempt to gain unauthorized access to the Site or Platform, user accounts, computer systems, or networks connected to the Site or Platform.
Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site or Platform.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Use any robot, spider, or other automatic device, process, or means to access the Site or Platform for any purpose, including monitoring or copying any of the material on the Site or Platform.
Engage in any scraping, data mining, data harvesting, or data extraction.

Fees and Payments (If Applicable)

If certain features of the Platform are offered for a fee, you agree to pay all applicable fees as described on the Site or within the Platform. We reserve the right to change our fees at any time upon notice. Unless otherwise stated, all fees are in United States dollars. You are responsible for providing accurate and complete billing information and agree to pay all charges incurred under your account.

Termination

By You: You may terminate your account at any time by following the instructions within the Platform or by contacting us.
By Omnibound AI: We may suspend or terminate your access to all or any part of the Site or Platform at any time, with or without cause, with or without notice, effective immediately. Such termination may result in the forfeiture and destruction of all information associated with your account.
Survival: Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimer of Warranties

THE SITE AND PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. OMNIBOUND AI DOES NOT WARRANT THAT THE SITE OR PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE PLATFORM OR ANY CONTENT THEREIN. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OMNIBOUND AI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF OMNIBOUND AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OMNIBOUND AI'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR PLATFORM EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO OMNIBOUND AI FOR THE USE OF THE PLATFORM IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

Indemnification

You agree to indemnify, defend, and hold harmless Omnibound AI, its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (a) your use of or access to the Site or Platform, (b) your User Content, (c) your violation of these Terms, or (d) your violation of any rights of another party.

Governing Law and Dispute Resolution

These Terms and any dispute or claim arising out of or relating to them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of [Insert Your State], without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of or relating to these Terms or the Site or Platform shall be instituted exclusively in the federal or state courts located in [Insert Your County and State]. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and Omnibound AI with respect to the Site and Platform and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Omnibound AI.

Waiver and Severability

No waiver by Omnibound AI of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Omnibound AI to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Contact Us

If you have any questions or concerns about these Terms of Use, please get in touch with us at: support@omnibound.ai