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Terms & Conditions

  1. Acceptance of Terms

    Welcome to https://ohmycustomer.com ("the Website" or "Service"), operated by OhMyCustomer Inc. ("Company", "we", "us", or "our"), a Delaware corporation. By accessing or using the Website and its services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please refrain from using the Website. These Terms constitute a legally binding agreement between you and OhMyCustomer Inc.

  2. Description of Services

    OhMyCustomer Inc. provides AI-powered social listening and analysis services ("Services"), offering extracts about a given product/brand based on public posts available on social media platforms, other public sources, and authorized private sources. The Website aims to provide information to users for their reference and decision-making. The Company reserves the right to modify, suspend, or discontinue any aspect of the Services at any time without prior notice.

  3. User Responsibilities

    (a) Eligibility: By using the Website, you represent and warrant that: (i) you are at least 18 years old; (ii) you have the legal capacity to enter into these Terms; and (iii) you have the authority to bind any business entity on whose behalf you use the Services.

    (b) Account Registration: Certain features of the Website require account registration. You must: (i) provide accurate, current, and complete information; (ii) maintain and promptly update your account information; (iii) maintain the security of your account credentials; (iv) notify us immediately of any unauthorized access; and (v) accept full responsibility for all activities occurring under your account.

    (c) Compliance: You agree to use the Website and Services in compliance with all applicable local, state, national, and international laws, rules, and regulations. You shall not use the Website to: (i) infringe upon the rights of others; (ii) engage in any harmful, harassing, or malicious activities; (iii) transmit any malware or viruses; or (iv) attempt to gain unauthorized access to any portion of the Services.

  4. Intellectual Property Rights

    (a) Ownership: The Website and its entire contents, features, and functionality (including but not limited to all information, software, algorithms, text, displays, images, video, audio, design, selection, and arrangement) are owned by OhMyCustomer Inc., 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.

    (b) License: Subject to these Terms, OhMyCustomer Inc. grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for your internal business purposes. All rights not expressly granted herein are reserved by the Company.

    (c) Restrictions: You are expressly prohibited from: (i) copying, modifying, or creating derivative works; (ii) reverse engineering or attempting to extract the source code; (iii) removing any copyright or proprietary notices; (iv) transferring, selling, or sublicensing the Services; or (v) using the Services in any manner not expressly authorized.

  5. Privacy Policy

    Your use of the Services is also governed by our Privacy Policy, available at https://OhMyCustomer.com/privacy, which is incorporated herein by reference.

  6. Disclaimer of Warranties

    THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OHMYCUSTOMER INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

  7. Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OHMYCUSTOMER INC., ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES. THE COMPANY'S TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM.

  8. Indemnification

    You agree to defend, indemnify, and hold harmless OhMyCustomer Inc., its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (i) your violation of these Terms; (ii) your use of the Services; or (iii) any breach of your representations and warranties set forth in these Terms.

  9. Modifications to Terms

    OhMyCustomer Inc. reserves the right, at its sole discretion, to modify or replace these Terms at any time. The Company will provide notice of any material changes through the Website or via email. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

  10. Termination

    OhMyCustomer Inc. may, at its sole discretion, suspend or terminate your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

  11. Governing Law and Jurisdiction

    These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, and you irrevocably submit to the exclusive jurisdiction of such courts.

  12. Subscription and Auto-renewal

    By subscribing to the Services, you expressly authorize OhMyCustomer Inc. to automatically renew your subscription and charge the applicable fees to your payment method on file. The Company will provide notice of renewal at least thirty (30) days before charging your payment method. You may cancel auto-renewal at any time through your account settings or by contacting customer support.

  13. No Refunds Policy

    All purchases are final and non-refundable. You expressly acknowledge and agree that OhMyCustomer Inc. shall not be required to provide refunds for any reason, including but not limited to partial or complete non-usage of the Services, dissatisfaction with the Services, or any other circumstances.

  14. Subscription Cancellation

    You may cancel your subscription at any time through your account settings or by contacting customer support. Upon cancellation: (i) auto-renewal will be disabled; (ii) you will retain access until the end of your current billing period; (iii) no prorated refunds will be issued; and (iv) your access will automatically terminate at the end of the current billing period.

  15. Severability

    If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

  16. Contact Information

    For questions or concerns regarding these Terms, please contact:

    OhMyCustomer Inc. Email: support@ohmycustomer.com

    Last Updated: 2024-11-15