Terms of Service

1.1 Subject to the terms of this Agreement, Company will use commercially reasonable efforts to provide Customer the Services. As part of the registration process, Customer will identify an administrative user name and password for Customer's Company account.

1.2 Subject to the terms hereof, Company will provide Customer with reasonable technical support services in accordance with the terms set forth in 9. Support Terms.

2.1 Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services ("Software"); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for time sharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels.

2.2 Further, Customer may not remove or export or allow the export or re-export of the Services, Software or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations.

2.3 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Company's standard published policies then in effect and all applicable laws and regulations.

2.4 Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services.

3.1 Each party (the "Receiving Party") understands that the other party (the "Disclosing Party") has disclosed or may disclose business, technical or financial information relating to the Disclosing Party's business (hereinafter referred to as "Proprietary Information" of the Disclosing Party).

3.2 Notwithstanding anything to the contrary, Company shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies.

4.1 Customer will pay Company electronically the then applicable fees described in the Offer or on the Company's website for the Services in accordance with the terms therein (the "Fees").

4.2 Company may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by the due date indicated in that invoice 15 days after mailing date of the invoice but may be fewer.

5.1 Subject to earlier termination as provided below, this Agreement is for the Initial Service Term as specified in the Order Form, and shall be automatically renewed for additional periods of the same duration as the Initial Service Term.

5.2 In addition to any other remedies it may have, either party may also terminate this Agreement upon notice (or without notice in the case of non-payment), if the other party materially breaches any of the terms or conditions of this Agreement.

5.3 Termination can be effectuated by sending an email to support@o-mega.ai or requesting cancellation in the chatbot in the O-mega app or on the O-mega website.

Unless critical, persistent and unresolvable technical failure of the product has been proven by the Customer that blocks the entire use of the Application, there are no fees refunded. In case a refund is requested by Customer, evidence should be shared with Company immediately after occurrence in the form of a description and screenshots or screen sharing videos for Company to be able to investigate the technical failure and assess whether a refund is applicable.

Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner.

Notwithstanding anything to the contrary, except for bodily injury of a person, company and its suppliers (including but not limited to all equipment and technology suppliers), officers, affiliates, representatives, contractors and employees shall not be responsible or liable with respect to any subject matter of this agreement or terms and conditions related thereto under any contract, negligence, strict liability or other theory.

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement shall be governed by the laws of the Netherlands without regard to its conflict of laws provisions.

Company will provide Technical Support to Customer via chatbot and electronic mail at support@o-mega.ai.

Company will use commercially reasonable efforts to respond to all helpdesk requests within a reasonable time frame.