WEBSITE TERMS & CONDITIONS OF USE
These Terms govern your use of our Website and Services. By accessing or using our Website, you agree to be bound by these Terms. If you do not agree, please discontinue your use immediately.
1. About the Website
a) Welcome to our Website. b) The Website and Services provided therein are operated by Digitbite, LLC. c) Please read these Terms carefully. Your continued use of the Website signifies your acceptance of these Terms. We reserve the right to update these Terms at any time. Any changes will be effective immediately upon posting. We recommend that you review these Terms periodically.
2. Acceptance of the Terms
Your use of the Website constitutes acceptance of these Terms. Where available, you may also indicate your agreement by clicking to accept.
3. About the Service
a) Our platform enables you to build, manage, and sell AI applications, including single and multi-agent chatbots. b) We offer both Free and Paid accounts. Account types and associated features may change from time to time and may be governed by additional, account-specific terms. In such cases, you will be informed and must accept those terms before your account is activated.
4. Acceptable Use of the Service
You must use the Website and Services only for lawful purposes. We reserve the right to suspend, cancel, or deny access to any user or account that: a) Engages in activities that disrupt or compromise the access, availability, or security of our platform, including:
- Tampering with, reverse-engineering, or hacking our servers;
- Modifying, disabling, or otherwise compromising the performance of our Services;
- Imposing an unreasonably large load on our systems;
- Probing or testing system vulnerabilities without explicit permission. b) Uses the Services for illegal purposes or in violation of applicable laws. c) Stalks, harasses, or threatens other users or the public. d) Misrepresents identity, defrauds users, or falsely implies sponsorship or association with Digitbite, LLC. e) Accesses or searches non-public parts of our Services. f) Posts or circulates content that violates our content policy.
5. Security and Data Privacy
We take your privacy seriously. Any information you provide through the Website or Services is subject to our Privacy Policy, which details how we collect, store, and process your data. Please review the Privacy Policy for comprehensive information regarding our data practices and security measures.
6. Data Use
We collect, store, and process your data to deliver our Services and support our business operations. For details on data encryption, removal requests, and other practices, please refer to our Privacy Policy.
7. Subscription to Use the Service
a) To access the Services, you must purchase a subscription (the “Subscription”) through our Website and pay the applicable Subscription Fee. Subscriptions are managed using Stripe and billed by Digitbite, LLC. b) It is your responsibility to ensure that the Subscription meets your needs. c) You must register for an account (the “Account”) before or shortly after purchasing a Subscription. d) You may need to provide personal information (such as name, email, company details, and payment information). e) You warrant that all information provided is accurate, current, and complete. f) You may not use the Services if you are not legally able to enter into a binding contract or are barred from receiving our Services under applicable laws.
8. Payments
a) The Subscription Fee is payable using available payment methods on our Website and is subject to change. b) Payments may be processed through third-party applications (e.g., Stripe). We are not liable for any losses arising from third-party payment services. c) If a payment is returned, denied, or unpaid, you are responsible for any associated costs. d) Subscription Fee changes will take effect after the conclusion of your current Subscription.
9. Refund Policy
a) Refunds are provided in accordance with applicable consumer laws and these Terms. b) A refund may be granted at our sole discretion if we are unable to continue offering the Services. Refunds will be proportional to the unused portion of your Subscription.
10. Copyright and Intellectual Property
a) The Website, Services, and all related content are protected by copyright and other intellectual property laws. b) Trademarks, service marks, and trade names are owned, registered, or licensed by Digitbite, LLC. c) You may only use Website content for personal, non-commercial use. No other rights are granted. d) Without prior written permission, you may not republish, transmit, or modify any content, except for public domain content.
11. General Disclaimer
a) The Website and Services are provided “as is” without warranties of any kind. b) We disclaim all warranties, express or implied. c) Our Company will not be liable for indirect, incidental, or consequential damages.
12. Limitation of Liability
Our total liability shall not exceed the cost of replacing the Services. In no event shall we be liable for indirect, incidental, special, or consequential damages arising from your use of the Services.
13. Termination of Contract
a) These Terms remain effective until terminated by you or Digitbite, LLC. b) To terminate, you may:
- Choose not to renew your Subscription;
- Provide us with 30 days’ written notice;
- Close your account(s) on the Website. c) We may terminate these Terms immediately if you:
- Fail to renew your Subscription;
- Breach any provision of these Terms;
- Are required to do so by law;
- Engage in conduct that adversely affects our reputation or the rights of others.
14. Indemnity
You agree to indemnify and hold harmless Digitbite, LLC, its affiliates, employees, agents, and licensors from any claims, costs, or damages arising out of:
- The content you provide;
- Your use of the Website;
- Any breach of these Terms.
15. Dispute Resolution
15.1 Notice: If a dispute arises, you must provide written notice detailing the dispute and the proposed resolution. 15.2 Resolution: Parties must attempt in good faith to resolve disputes within 28 days through negotiation or mediation. 15.3 Confidentiality: All dispute resolution communications are confidential. 15.4 Termination of Mediation: If mediation extends beyond 2 months without resolution, either party may terminate it.
16. Venue and Jurisdiction
Any disputes shall be subject to the exclusive jurisdiction of the courts in New South Wales, Australia.
17. Governing Law
These Terms are governed by the laws of New South Wales, Australia.
18. Severance
If any provision of these Terms is found to be invalid or unenforceable, that provision shall be severed, and the remaining provisions shall continue in full force and effect.
For questions or concerns regarding these Terms, contact us at contact@omniaiagents.com.