OmniFunnels — Terms of Service
Effective date: 10/11/2025
Entity: OmniFunnels ("OmniFunnels", "we", "us", "our").
Contact: hello@omnifunnels.ai
These Terms of Service ("Terms") govern your access to and use of our websites, applications, dashboards, APIs, and related services, including CRM, funnels/pages, email/SMS, calendars, analytics/BI, AI chat/voice (e.g., OmniVox), integrations, and any associated content (collectively, the "Services"). By creating an account, clicking "I agree", or using the Services, you agree to these Terms.
Australian Consumer Law (ACL): Nothing in these Terms excludes, restricts, or modifies any consumer rights or guarantees under the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law that cannot be excluded.
1) Definitions
- Account:
- a registered workspace or user profile.
- Customer, you:
- the person or entity using the Services.
- Customer Content:
- data, text, files, audio/video/voice, images, prompts, transcripts, leads/contacts, and other materials you submit or route through the Services.
- AI Outputs:
- text, audio, images, or other results generated by AI features.
- Order:
- a checkout, click-through plan selection, statement of work, or other document referencing these Terms.
- Personal Information:
- has the meaning in the Privacy Act 1988 (Cth).
- Third-Party Services:
- products or services not provided by OmniFunnels that you connect or use with the Services (e.g., email/SMS carriers, calendars, ad platforms, payment processors, LLMs).
2) Eligibility & Accounts
2.1 Age/ability.
The Services are intended for individuals 18+ who can form a binding contract.
2.2 Account security.
You are responsible for all activities under your Account and for keeping credentials secure. Promptly notify us of any unauthorised use.
2.3 Business use.
If you register on behalf of a company, you represent that you are authorised to bind that entity.
3) Access & Use; Acceptable Use
3.1 Licence.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable licence to access and use the Services for your internal business purposes during your subscription term.
3.2 Acceptable Use.
You must not: (a) breach law, violate privacy or publicity rights, infringe IP, or upload illegal content; (b) send spam or unlawful marketing (you must comply with the Spam Act 2003 (Cth) and analogous laws in target jurisdictions); (c) probe or disrupt the Services; (d) reverse engineer or create derivative works (except to the extent permitted by non-waivable law); (e) use the Services for high-risk activities where failure could cause death, personal injury, or severe environmental damage; (f) misrepresent output as human-authored where disclosure is required; (g) attempt to bypass usage limits or fair-use controls.
3.3 Voice/recording compliance.
If you enable call recording or AI voice features, you are responsible for obtaining all required notices/consents and for complying with call recording, telemarketing, and do-not-call rules in relevant jurisdictions.
3.4 Fair use.
We may apply reasonable technical or rate limits to preserve service quality. We'll notify you of material changes.
4) Your Content; Our Use
4.1 Ownership.
You retain ownership of Customer Content.
4.2 Our rights to operate the Services.
You grant us a worldwide, royalty-free licence to host, process, transmit, display, and create non-derivative backups of Customer Content solely to provide and support the Services, perform security/abuse detection, fulfil your requests, and comply with law.
4.3 Responsibility.
You are responsible for the accuracy, legality, and means of acquiring Customer Content, including consents for Personal Information.
4.4 Prohibited data.
Do not submit Sensitive Information unless requested by us in writing for a defined purpose; do not submit regulated data (e.g., health, credit card primary account numbers, government IDs) unless supported by your plan and our documentation.
5) AI Features and Outputs
5.1 How AI works.
The Services may call third-party or proprietary AI models to generate AI Outputs from your prompts/inputs.
5.2 Use of content for training.
We do not use your Customer Content to train foundation models unless you opt-in in settings or by written agreement.
5.3 Quality and verification.
AI Outputs can be inaccurate, incomplete, or outdated. You must review and verify AI Outputs—especially for medical, legal, financial, safety-critical, or compliance-relevant use cases.
5.4 Rights in outputs.
Subject to third-party rights and applicable law, we assign to you our rights (if any) in AI Outputs we can assign. You are responsible for ensuring that your prompt/usage does not infringe third-party rights or violate law.
5.5 Usage safeguards.
You must not use AI to create illegal content, discrimination, harassment, or misinformation, or to identify individuals in images/audio without a lawful basis and appropriate consent.
6) Third-Party Services & Integrations
6.1 Your connections.
You may enable Third-Party Services (e.g., calendars, email/SMS, telephony, analytics, ad platforms, payment processors, LLM/STT/TTS). Their terms and privacy practices apply to their services.
6.2 No control.
We do not control and are not responsible for Third-Party Services, except as stated in a signed Order.
6.3 Data flows.
When you connect a Third-Party Service, you instruct us to exchange data with it as needed to provide the integration.
7) Plans, Fees, Taxes & Renewal
7.1 Fees.
You agree to pay fees stated at checkout or in an Order, plus applicable taxes. Unless stated otherwise, fees are in AUD and non-refundable once the billing period starts.
7.2 Billing & renewal.
Subscriptions renew automatically for the same term unless you cancel before renewal in the app or via notice to us.
7.3 Changes.
We may update pricing or introduce new fees at renewal; we will notify you in advance where required.
7.4 Overages/usage-based fees.
For metered features (e.g., emails/SMS/minutes/requests), you authorise billing for actual usage per then-current rates shown in your workspace.
7.5 Late payments.
We may suspend Services for unpaid amounts after notice. You remain responsible for accrued charges during suspension.
8) Trials, Cancellations & Refunds
8.1 Trials.
Trial features may be limited and can be changed or ended at any time.
8.2 Cancellation.
You may cancel at any time; your access continues until the end of the paid term.
8.3 Refunds.
Except where required by law or our posted Refund Policy, fees are non-refundable.
9) Intellectual Property; Feedback
9.1 Our IP.
We and our licensors own the Services, including software, designs, and documentation. No rights are granted except as expressly stated.
9.2 Feedback.
If you provide ideas or suggestions, you grant us a perpetual, irrevocable, royalty-free licence to use them without restriction.
10) Confidentiality
10.1 Definition.
"Confidential Information" means non-public information disclosed by one party that is marked or reasonably understood to be confidential.
10.2 Protection.
Each party will use the other's Confidential Information only for the purpose of the Services and protect it using reasonable measures.
10.3 Exclusions.
Information that is public, independently developed, or lawfully obtained from a third party without duty is not confidential.
10.4 Compelled disclosure.
If legally required to disclose, the recipient will (where lawful) give prompt notice and cooperate to seek protection.
11) Privacy & Data Protection
11.1 Privacy Policy.
Our Privacy Policy explains how we handle Personal Information and forms part of these Terms.
11.2 Processor role.
For Customer Content you store about your contacts, you are the data controller (or equivalent); we are the processor/service provider.
11.3 DPA.
Our Data Processing Addendum (DPA) governs our processing for you (including sub-processors, security, international transfers). The DPA forms part of these Terms when signed or accepted in-app.
11.4 Compliance.
You are responsible for providing required notices/consents to your contacts and for complying with applicable privacy, spam, telemarketing and recording laws.
12) Security & Incidents
12.1 Security.
We implement reasonable technical and organisational measures designed to protect Personal Information.
12.2 Incidents.
If we become aware of a data breach involving Personal Information that is likely to cause serious harm, we will notify you and (where required) regulators under the Notifiable Data Breaches (NDB) scheme.
13) Service Levels; Changes; Beta
13.1 Availability.
Unless a separate SLA is agreed in writing, the Services are provided on an "as is" and "as available" basis.
13.2 Changes.
We may modify features, update interfaces, or discontinue components; we'll avoid materially degrading core functionality during a paid term where commercially reasonable.
13.3 Beta/Preview.
Beta features may be unstable, are provided as is, and may be withdrawn at any time.
14) Warranties & Disclaimers
14.1 Mutual.
Each party represents it has authority to enter these Terms.
14.2 Your warranties.
You warrant that you have all necessary rights, permissions, and consents for Customer Content and for your use of the Services.
14.3 Disclaimers.
To the maximum extent permitted by law, we disclaim all warranties not expressly stated, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. AI Outputs may be inaccurate and must be independently verified.
14.4 ACL savings.
Nothing in this Section limits non-excludable guarantees under the ACL. Where we are permitted to limit remedies for breach of a guarantee, our liability is limited to resupplying the Services or paying the cost of resupply.
15) Indemnities
15.1 By you.
You will indemnify and hold us (and our directors, employees, and contractors) harmless from claims, damages, and costs arising out of: (a) your Customer Content; (b) your breach of these Terms or law; (c) your use of the Services with Third-Party Services in violation of their terms; or (d) misuse of voice/recording features without required consents.
15.2 IP indemnity by us (B2B).
We will defend and indemnify you against third-party claims that the Service (as provided by us) directly infringes Australian patents, copyrights, or trade marks, and pay damages/fees finally awarded or settled, provided you: (i) promptly notify us; (ii) give us sole control; and (iii) provide reasonable assistance. We may modify, replace, or procure rights for the Service. This does not apply to claims based on combinations, Customer Content, or Third-Party Services.
16) Limitation of Liability
16.1 Cap.
To the maximum extent permitted by law, our aggregate liability arising out of or related to the Services in any 12-month period is limited to the fees you paid for the Services giving rise to the claim in that period.
16.2 Exclusions.
We are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages; loss of profits, revenue, data, or goodwill; or business interruption—even if advised of the possibility.
16.3 ACL savings.
This Section does not limit liability that cannot be excluded under the ACL.
17) Term; Suspension; Termination
17.1 Term.
These Terms start when you first accept them and continue while you use the Services.
17.2 Suspension.
We may suspend access immediately if: (a) you fail to pay; (b) we detect security issues, fraud, or harm; or (c) you materially breach these Terms.
17.3 Termination.
Either party may terminate for material breach not cured within 14 days after written notice. You may terminate at any time for convenience (cancellation rules in §8 apply).
17.4 Effect.
Upon termination, your licence ends and we may delete or disable access to Customer Content after a reasonable period unless law requires longer retention. Sections that by nature should survive (including fees, IP, confidentiality, privacy/data protection, disclaimers, indemnities, limits of liability, and §§19–21) survive termination.
18) Miscellaneous
18.1 No Waiver.
A party's failure to exercise any right under these Terms is not a waiver. Any waiver must be in writing and signed by an authorised representative.
18.2 Eligibility; Minors.
The Services are intended for 18+. If you believe a minor has created an unauthorised account, contact hello@omnifunnels.ai and we will delete it.
18.3 Assignment.
You may not assign these Terms without our prior written consent; we may assign in connection with reorganisation, merger, acquisition, or asset sale.
18.4 Relationship.
The parties are independent contractors; these Terms do not create a partnership, joint venture, agency, or employment relationship.
18.5 Notices.
Legal notices to OmniFunnels must be sent to hello@omnifunnels.ai and are deemed received when actually received. We may notify you at the email on your Account or via in-product messages.
18.6 Force Majeure.
Neither party is liable for failure or delay due to events beyond reasonable control (including internet/hosting or telecom failures), except for payment obligations.
18.7 Severability; Interpretation.
If any provision is invalid or unenforceable, it is severed and the remainder remains in effect. Headings are for convenience only.
18.8 Entire Agreement; Order of Precedence.
These Terms (including any Order, Refund Policy, Acceptable Use, and Data Processing Addendum) form the entire agreement and supersede prior communications. To the extent of conflict, an executed Order prevails over these Terms; otherwise these Terms control.
18.9 Publicity.
Unless you opt out by emailing hello@omnifunnels.ai, you grant us a limited right to use your name and logo as a customer reference.
18.10 Export & Sanctions.
You represent you are not subject to Australian or other applicable sanctions and will not use the Services in violation of export or sanctions laws.
18.11 Survival.
Sections relating to fees, IP, confidentiality, privacy/security, disclaimers, indemnities, limitations of liability, and this Section 18 survive termination.
19) Governing Law; Venue; ACL Notice
19.1 Governing law.
These Terms are governed by the laws of the State of Victoria, Australia and applicable federal laws.
19.2 Venue.
Subject to §20, the parties submit to the exclusive jurisdiction of the courts of Victoria (and their appeals) for disputes not otherwise resolved.
19.3 ACL.
Nothing limits your rights under the Australian Consumer Law that cannot be excluded.
20) Dispute Resolution
20.1 Good-faith negotiation.
Before proceedings, the parties will try in good faith to resolve disputes for 14 days after written notice.
20.2 Mediation (recommended).
If unresolved, either party may propose mediation administered by the Resolution Institute (or similar body) in Melbourne, with fees shared unless agreed otherwise.
20.3 Arbitration (B2B only).
For disputes arising from business-to-business use (i.e., not involving a consumer or "small business contract" under the ACL), either party may elect binding arbitration under the ACICA Arbitration Rules, seat Melbourne, language English, before one arbitrator. Costs are as determined by the tribunal. Judgment on the award may be entered in any court of competent jurisdiction.
20.4 Consumers & Small Businesses.
For consumers and small businesses under the ACL, arbitration is voluntary; nothing prevents commencing or participating in court/tribunal proceedings in a competent forum.
20.5 Injunctive relief.
Either party may seek urgent injunctive or equitable relief at any time.
No class-action waiver: To reflect Australian law, these Terms do not restrict any party's right to bring or participate in representative proceedings where permitted.
21) Changes to these Terms
We may update these Terms from time to time. The "Effective date" shows when they last changed. If changes materially affect your rights or obligations, we will provide reasonable notice (e.g., email or in-app). Continued use after the effective date constitutes acceptance of the updated Terms.
22) Contact
Questions about these Terms? hello@omnifunnels.ai