Terms of Service (“Terms”)

Last updated: 2024-03-19

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://omnibusx.com website and the OmnibusX desktop applications (the “Service”) operated by OmnibusX Company Limited. (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or OmnibusX Company Limited cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting OmnibusX Company Limited customer support team. A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide OmnibusX Company Limited with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize OmnibusX Company Limited to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, OmnibusX Company Limited will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free trial

OmnibusX Company Limited may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to register for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by OmnibusX Company Limited until the Free Trial has expired. On the first day after the Free Trial period ends, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, OmnibusX Company Limited reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee changes

OmnibusX Company Limited, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

OmnibusX Company Limited will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Copyright policy

OmnibusX Company Limited respects the intellectual property rights of others and adheres to a strict policy of responding to any claims that content posted on or through the Service constitutes copyright or other intellectual property infringement (“Infringement”).

If you are a copyright owner, or are authorized to act on behalf of one, and believe that a copyrighted work has been used in a manner that constitutes infringement through the Service, you are required to submit a written notice, addressed to “Copyright Infringement” at support@omnibusx.com. The notice must include a detailed description of the alleged infringement, including sufficient information to identify the infringing content and the work claimed to be infringed.

Please be advised that any person who knowingly misrepresents that material or activity is infringing may be liable for any damages, including costs and attorneys'fees, incurred by OmnibusX Company Limited or the alleged infringer, as a result of our reliance on such misrepresentation when removing or disabling access to the material claimed to be infringing. Misuse of this process may result in legal consequences.

Intellectual Property and Authorized Use

The Service, including its original content (excluding Content provided by users), features, and functionality, are and will remain the exclusive property of OmnibusX Company Limited and its licensors. The Service is protected by copyright, trademark, and other applicable laws of Vietnam and other jurisdictions. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of OmnibusX Company Limited.

Users are strictly prohibited from engaging in any activities intended to copy, modify, reverse-engineer, decompile, disassemble, or otherwise analyze the Service's source code or its components. Any attempt to develop software with similar features or functionality, whether directly or indirectly derived from the Service, constitutes a violation of these Terms. Such actions may result in the immediate termination of the user's access to the Service and may be subject to legal action under applicable laws in Vietnam and other relevant jurisdictions.

OmnibusX Company Limited reserves the right, without prior notice, to suspend or permanently terminate access to the Service for any user found to be engaging in unauthorized use. This includes, but is not limited to, accessing the Service through fraudulent accounts, using accounts belonging to others, or employing deceptive methods to gain access to the Service for improper purposes. Termination of access does not preclude OmnibusX Company Limited's right to seek compensation for damages and pursue any other remedies available under the law.

Users shall not attempt to access, extract, or exploit any portion of the Service's source code, internal data, or other proprietary information beyond the scope explicitly permitted by their license. Any such attempts will be considered a serious breach of these Terms. OmnibusX Company Limited reserves the right to collect and store login information, IP addresses, and related data as evidence for potential disputes or incidents of unauthorized access, and will take all necessary legal actions to protect its rights.

Users agree to use the Service in a manner that does not harm the reputation, goodwill, or legitimate interests of OmnibusX Company Limited. Users shall refrain from encouraging, assisting, or enabling third parties to engage in any activities that violate these Terms. We encourage users to report any suspicious activity or violations of this section to our support team at support@omnibusx.com to help maintain a secure and fair environment for all users.

Privacy and your personal information

For information about OmnibusX's data protection practices, please read our Privacy Policy. This policy explains how OmnibusX treats your personal information, and protects your privacy, when you use the Services.

You agree to the use of your data in accordance with our Privacy Policy.

Links to other web sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by OmnibusX Company Limited.

OmnibusX Company Limited has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that OmnibusX Company Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may do so by following the account deletion process in your account settings, or by contacting our customer support team at support@omnibusx.com. Upon termination, your right to use the Service will immediately cease.

Limitation of liability

In no event shall OmnibusX Company Limited, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

OmnibusX Company Limited its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing law

These Terms shall be governed and construed in accordance with the laws of Vietnam, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact us

If you have any questions about these Terms, please contact us at support@omnibusx.com.