Terms of Service

These Terms of Service (“Terms”) are an agreement between Omi of Seattle Inc. (“Omi,” “we,” “us,” or “our”) and the business that creates an account or uses our services (“you,” “your,” or the “Merchant”). They govern your access to and use of Omi’s AI-powered sales associate, the Omi dashboard, our website at youromi.com, and any related products and services (together, the “Service”). By creating an account, installing Omi on your store, or otherwise using the Service, you agree to these Terms. If you use the Service on behalf of a business, you represent that you are authorized to bind that business to these Terms.

The Service

Omi provides a conversational sales associate for online retailers. The Service converses with shoppers on your storefront, recommends products from your catalog, answers questions using information you connect or provide, and gives your team a dashboard that brings those conversations together with your store’s sales, traffic, and inventory data. We may improve, add, or remove features of the Service over time; if a change materially reduces the Service’s core functionality, we will use reasonable efforts to notify you in advance.

Accounts and Eligibility

You must provide accurate and complete information when creating an account and keep it up to date. You are responsible for all activity under your account and for safeguarding your credentials, API keys, and team access. The Service is intended for businesses; it is not offered to individuals under the age of 18. You must notify us promptly at accounts@youromi.com if you suspect unauthorized use of your account.

Subscriptions, Fees, and Billing

The Service is offered on subscription plans priced by usage, such as the volume of shopper messages handled. Fees, billing periods, and any usage allowances are described at the point of purchase. Unless otherwise stated:

• Subscriptions renew automatically at the end of each billing period
• Payment is processed by our payment provider, Stripe; we do not store full card numbers on our servers
• Fees are exclusive of taxes; you are responsible for any applicable sales, use, or similar taxes
• Except where required by law or expressly stated in these Terms, fees are non-refundable

We may change our prices with at least thirty (30) days’ notice; changes take effect at your next renewal. If you do not agree to a price change, you may cancel before it takes effect.

Your Content and Data

You retain all rights to the content and data you provide to the Service, including your product catalog, brand assets, store policies, knowledge you upload, and the data generated by your store (“Merchant Content”). You grant Omi a worldwide, non-exclusive license to host, process, display, and transmit Merchant Content solely as needed to provide, secure, and improve the Service for you. You are responsible for having the rights to the Merchant Content you provide and for its accuracy and legality.

Our collection and use of personal data, including shopper data we process on your behalf, is described in our Privacy Policy. Where we process shopper personal data at your direction, we act as your service provider or data processor, and you are responsible for providing shoppers any legally required notices on your store.

AI-Generated Responses

The Service uses artificial intelligence to generate conversational responses in real time. AI output is probabilistic: despite the controls we provide, responses may occasionally be inaccurate, incomplete, or inconsistent with your policies. You are responsible for reviewing the configuration of your associate, for the policies and claims made on your store, and for honoring the prices, availability, and policies shown in your checkout, which remain authoritative over anything said in a conversation. The Service provides retail assistance only and does not provide legal, medical, or financial advice.

Acceptable Use

You agree not to, and not to permit anyone to:

• Use the Service in violation of applicable law or the rights of others
• Use the Service to transmit content that is deceptive, defamatory, obscene, or harmful, or to market prohibited goods
• Reverse engineer, decompile, scrape, or attempt to extract the models, prompts, or source code of the Service, except where such restriction is prohibited by law
• Probe, disrupt, or circumvent the Service’s security, rate limits, or usage measurement
• Resell, sublicense, or provide the Service to third parties as a standalone offering
• Use the Service to develop a competing product

We may suspend or limit access to the Service where we reasonably believe it is being used in breach of this section, and will restore it once the issue is resolved.

Intellectual Property

The Service, including its software, models, interfaces, and documentation, is owned by Omi and its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription, in accordance with these Terms. No rights are granted except as expressly set out here. If you send us feedback or suggestions, we may use them without restriction or obligation to you.

Third-Party Services

The Service integrates with third-party platforms and services, such as Shopify and the other data sources you choose to connect. Your use of those services is governed by their own terms, and we are not responsible for them. Connecting a third-party service authorizes us to access and process its data as needed to provide the Service to you.

Confidentiality

Each party may receive non-public information from the other in connection with the Service. Each party agrees to protect the other’s confidential information with at least reasonable care, to use it only as needed to perform under these Terms, and not to disclose it except to employees and contractors bound by confidentiality obligations, or where required by law.

Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, OMI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AI-GENERATED RESPONSES WILL BE ACCURATE OR COMPLETE, OR THAT USE OF THE SERVICE WILL ACHIEVE ANY PARTICULAR SALES OUTCOME.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. EXCEPT FOR YOUR PAYMENT OBLIGATIONS, A PARTY’S BREACH OF CONFIDENTIALITY, OR YOUR BREACH OF THE ACCEPTABLE-USE SECTION, EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS IS LIMITED TO THE AMOUNTS YOU PAID TO OMI FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

Indemnification

You will defend and indemnify Omi against third-party claims arising from your Merchant Content, your store, or your use of the Service in violation of these Terms or applicable law. Omi will defend and indemnify you against third-party claims alleging that the Service, as provided by us and used in accordance with these Terms, infringes their intellectual property rights, provided you notify us promptly and allow us to control the defense.

Term and Termination

These Terms apply while you use the Service. You may cancel your subscription at any time, effective at the end of the current billing period. Either party may terminate for material breach that remains uncured thirty (30) days after written notice. Upon termination, your right to use the Service ends and we will, on request made within thirty (30) days, provide an export of your Merchant Content in a reasonable format before deleting it from our active systems in accordance with our retention practices. Sections that by their nature should survive termination will do so, including payment obligations, confidentiality, disclaimers, limitation of liability, and indemnification.

Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date at the top of this page, and for material changes we will provide reasonable advance notice, such as by email or a prominent notice in the dashboard. Changes apply from their effective date; your continued use of the Service after that date constitutes acceptance.

Governing Law and Disputes

These Terms are governed by the laws of the State of Washington, without regard to its conflict-of-law rules. The state and federal courts located in King County, Washington will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and each party consents to personal jurisdiction and venue there.

Contact Us

Questions about these Terms are welcome: