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These Terms of Service (the "Terms") govern your access to and use of OmniOcto (the "Service"), operated by Seasalt AI, Inc. ("Seasalt AI", "we", "us"). By creating an account or using the Service, you agree to these Terms. If you are using the Service on behalf of an organization, you represent that you are authorized to bind that organization, and "you" refers to that organization.

1. The Service

OmniOcto lets you create, configure, and deploy AI agents that operate across channels such as web chat, voice calls, email, and messaging. The Service uses third-party artificial-intelligence models to generate responses and take actions on your behalf. AI output can be inaccurate or incomplete; you are responsible for reviewing it and for any decisions you make based on it.

2. Accounts

You must provide accurate registration information and keep your credentials secure. You are responsible for all activity under your account and for your end users. You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service.

3. Acceptable use

You agree not to use the Service to:

• break the law or infringe others' rights;
• send unsolicited, deceptive, or unlawful communications (including spam or calls prohibited by applicable telemarketing and anti-spam laws);
• impersonate any person or misrepresent your affiliation;
• generate or distribute malware, or attempt to disrupt, reverse-engineer, or gain unauthorized access to the Service;
• process sensitive data in violation of applicable law, or make automated decisions with legal or similarly significant effects without appropriate human oversight.

4. Your responsibilities for AI communications

When you use the Service to contact individuals (for example by voice call, SMS, WhatsApp, or email), you are the sender and controller of those communications. You are responsible for:

• obtaining any consent required to contact your recipients and to record calls;
• disclosing that they are interacting with an AI system and, where required, that a call is being recorded;
• honoring opt-out and do-not-contact requests;
• complying with all applicable laws, carrier rules, and platform policies (including those of Meta, Google, Microsoft, and telecom providers).

5. Fees and billing

Paid plans and usage-based charges are billed through our payment processor. Usage is metered in credits and charged according to the plan and rate card in effect. Fees are non-refundable except as required by law. You authorize us and our processor to charge your payment method for all amounts due, including applicable taxes. We may change pricing prospectively with notice.

6. Customer content and data

You retain ownership of the data and content you submit to the Service ("Customer Content"). You grant us a limited license to host and process Customer Content solely to provide and improve the Service and as described in our Privacy Policy. Our processing of personal data on your behalf is governed by our Data Processing Addendum, available on request.

7. Third-party services

The Service integrates third-party providers (for example AI model, telephony, messaging, email, and payment providers). Your use of those integrations may be subject to their terms, and we are not responsible for third-party services.

8. Intellectual property

The Service, including its software, design, and trademarks, is owned by Seasalt AI and its licensors. Except for the rights expressly granted here, we reserve all rights. You may not copy, modify, or create derivative works of the Service.

9. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty regarding the accuracy or reliability of AI-generated output. We do not warrant that the Service will be uninterrupted or error-free.

10. Limitation of liability

To the maximum extent permitted by law, Seasalt AI will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, data, or goodwill. Our total liability arising out of or relating to the Service will not exceed the amounts you paid to us for the Service in the twelve months before the event giving rise to the claim.

11. Indemnification

You will indemnify and hold harmless Seasalt AI from claims arising out of your Customer Content, your communications with third parties, or your breach of these Terms or of applicable law.

12. Term and termination

You may stop using the Service at any time. We may suspend or terminate your access if you violate these Terms, fail to pay, or create risk or legal exposure. On termination, your right to use the Service ends; sections that by their nature should survive will survive.

13. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will provide notice (for example by posting the updated Terms with a new "Last updated" date). Your continued use after changes take effect constitutes acceptance.

14. Governing law

These Terms are governed by the laws of the State of Washington, USA, without regard to its conflict-of-laws rules, unless a mandatory law of your jurisdiction provides otherwise.

15. Contact

Questions about these Terms? Contact us at agent@omniocto.com.