01 Acceptance of terms
By accessing omni.studio (the “Website”) or using any services provided by Omni Studio Inc. (“Omni Studio,” “we,” “us,” or “our”), you agree to be bound by these Terms of Service (“Terms”). Please read them carefully.
If you do not agree to these Terms, do not access the Website or use our services.
These Terms apply to all parties who interact with Omni Studio, including:
- Website visitors browsing omni.studio for informational purposes
- Paid subscribers who have entered into a subscription agreement for Omni Studio services
Where a separate written agreement governs your relationship with Omni Studio — such as a Master Service Agreement (MSA) or Order Form — that agreement takes precedence over these Terms to the extent of any conflict. These Terms continue to govern all matters not addressed by such separate agreements.
02 Description of services
Omni Studio provides AI-powered business communication services designed for small and medium-sized businesses (“SMBs”). Our services include, but are not limited to:
- Inbound call answering via AI agent pods trained for specific business verticals
- Call transcription generating written records of caller interactions
- Appointment scheduling integrating with Client calendar and CRM systems
- Emergency detection and escalation identifying urgent caller situations and routing appropriately
- Follow-up communications including automated messages and booking confirmations
Services are delivered through managed AI agent pods deployed on Omni Studio’s infrastructure. Omni Studio operates as a business-to-business (B2B) service provider. We do not provide services directly to consumers; all services are made available through our business clients (“Clients”).
The specific features, capabilities, and service levels available to you depend on the subscription tier governing your account.
03 Eligibility
To use Omni Studio services, you must:
- Be at least 18 years of age
- Be authorised to legally bind the business entity on whose behalf you are registering or using the services
- Represent a legally formed business entity in good standing under applicable law
- Be located in and operating a business within the United States (services are currently available in the US only)
By creating an account or agreeing to these Terms, you represent and warrant that you meet all eligibility requirements. If you do not meet these requirements, you may not use our services.
04 Account registration and security
Accurate information
When creating an account, you agree to provide accurate, current, and complete information about yourself and your business. You agree to keep this information updated.
Account security
You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to:
- Use a strong, unique password for your Omni Studio account
- Enable multi-factor authentication where offered
- Not share your login credentials with unauthorised individuals
Unauthorised access
You must notify Omni Studio immediately at support@omni.studio if you suspect any unauthorised access to or use of your account. We are not liable for any loss or damage arising from your failure to comply with these security obligations.
One account per entity
Each business entity may maintain only one active Omni Studio account. Duplicate accounts may be suspended without notice.
05 Acceptable use
You agree to use Omni Studio services only for lawful business purposes and in accordance with these Terms and all applicable laws.
You may NOT use Omni Studio services to:
- Make or facilitate illegal call recordings in violation of federal or state wiretapping, eavesdropping, or recording consent laws
- Collect personal data from callers without any required legal basis or consent
- Harass, defraud, deceive, or harm callers or any third party
- Circumvent, disable, or interfere with emergency services or emergency response procedures
- Resell, sublicense, or otherwise commercialise Omni Studio services to third parties without Omni Studio’s prior written authorisation
- Violate any applicable federal, state, or local law or regulation
- Transmit malicious code, interfere with platform infrastructure, or attempt unauthorised access to any Omni Studio systems
Client compliance responsibilities
Call recording consent laws vary significantly by jurisdiction. You are solely responsible for:
- Determining which consent requirements (one-party, two-party, or all-party consent) apply in your operating jurisdiction(s)
- Configuring your Omni Studio account to include appropriate call recording disclosures or notices where required
- Obtaining any legally required consents from your own customers prior to or during recorded interactions
- Ensuring your use of Omni Studio services complies with all applicable laws, including telemarketing, consumer protection, and data privacy regulations
Omni Studio does not provide legal advice. If you are unsure about your compliance obligations, consult a qualified attorney in your jurisdiction.
06 AI services disclaimer
AI is not human
Omni Studio’s services are powered by artificial intelligence. Callers interacting with your Omni Studio agent pod are communicating with AI technology, not a human representative. Depending on applicable law and your configuration, you may be required to disclose this to callers.
AI limitations
Like all AI systems, Omni Studio’s AI agents have inherent limitations:
- AI agents may make errors in interpreting caller intent, generating transcriptions, or scheduling appointments
- Transcriptions are automatically generated and may contain inaccuracies, mishearings, or omissions
- AI responses are based on configured workflows and training and may not handle every caller situation optimally
Emergency detection
Omni Studio’s emergency detection functionality is designed to identify high-urgency caller situations and trigger escalation protocols. While we design this feature to be highly accurate, it is not infallible. AI emergency detection:
- May fail to identify certain emergency situations
- May produce false positives in non-emergency situations
- Is NOT a substitute for your independent emergency response protocols and procedures
Client responsibility for critical information
You agree to independently verify critical information through human review, including but not limited to emergency calls, high-value bookings, and medical or safety-related communications. Omni Studio does not replace your obligation to maintain adequate human oversight of your business operations.
No medical or safety advice
Omni Studio’s AI agents do not provide medical, legal, safety, or emergency services. Clients operating in healthcare-adjacent verticals must configure their agent pods appropriately and comply with all applicable regulations.
07 Intellectual property
Omni Studio’s property
Omni Studio and its licensors own all right, title, and interest in and to:
- The Omni Studio platform, software, and underlying technology
- AI agent configurations, workflows, and system prompts developed by Omni Studio
- The Website and all content published on omni.studio, including text, graphics, logos, and design
- The “Omni Studio” name, logo, and all associated trademarks and service marks
Nothing in these Terms transfers any Omni Studio intellectual property rights to you. You may not reproduce, distribute, modify, create derivative works from, or commercially exploit any Omni Studio content without our prior written permission.
Client’s property
You retain all right, title, and interest in and to:
- Your business data and configurations
- Customer data collected through your business operations
- Your brand materials, logos, and proprietary content provided to Omni Studio for configuration purposes
License grant
You grant Omni Studio a limited, non-exclusive, royalty-free license to use your business data and brand materials solely to the extent necessary to configure, operate, and improve your Omni Studio service deployment.
08 Payment and billing
Paid subscriptions
Paid subscriptions are billed in advance on a monthly basis via Stripe at the rates applicable to your selected tier. Current pricing is available at omni.studio/pricing. Prices are subject to change with 30 days’ notice.
Introductory pricing
Where Omni Studio offers an introductory or pilot rate, the discounted price applies to the first month of the subscription only, after which the standard monthly rate for the selected tier applies. Introductory pricing is a paid subscription, not a free trial. By starting on an introductory rate you agree to the standard ongoing rate beginning in month two unless you cancel before the next billing cycle.
Refund policy
All fees are non-refundable. You may cancel your subscription at any time; cancellation takes effect at the end of the current billing cycle, and no pro-rated refund will be issued for the remainder of that cycle. Service-level commitments and any tier-specific credits or remedies are governed exclusively by your applicable Master Service Agreement (see “Master Service Agreement” below).
Disputed charges
If you believe a charge is incorrect, you must contact Omni Studio at support@omni.studio before initiating a chargeback with your payment provider. Chargebacks filed without prior written notice to Omni Studio may result in immediate suspension of your account. We reserve the right to dispute chargebacks we believe are made in bad faith.
Master Service Agreement (paid tiers)
All paid subscribers operate under a Master Service Agreement (“MSA”) executed at or before activation of paid services. The MSA — together with any Order Form, Data Processing Agreement, and Statement of Work referenced in it — is the controlling commercial and technical contract between you and Omni Studio, and supersedes these Terms to the extent of any conflict on the matters it addresses.
The MSA may include, subject to the tier you select and as further defined in that agreement:
- Data Processing Agreement (DPA). CCPA-compliant and structured to support GDPR upon EU/EEA expansion; prohibits resale of client customer data and use of client call recordings or transcripts to train AI models without your prior written consent.
- Audit rights. Reasonable client rights to inspect call logs and integration performance records relating to your account, on the notice and scope terms set out in the MSA.
- 21-day go-live commitment. For qualifying tiers, a contractual go-live window with a defined credit remedy if Omni Studio is solely responsible for missing it. Delays caused by client information gaps, third-party integrations, or scope changes are excluded.
- 90-day performance review. A defined KPI menu — which may include call-capture rate, booking conversion, invoice-recovery rate, review generation, and response time — measured against targets jointly agreed at kickoff. If targets are not met at day 90 for reasons within Omni Studio’s reasonable control, a one-month service credit applies. If targets remain unmet at day 120 on the same basis, you may exit the MSA without an early-termination fee, with full data export delivered within 48 hours.
- Data portability. Upon cancellation, Omni Studio will provide a full export of your business data and call records in CSV or JSON within 48 hours of the effective cancellation date.
The summary above is descriptive only. The precise scope, conditions, exclusions, limits, and remedies of any commitment apply only as set out in the executed MSA and its attachments. Nothing in this subsection creates an independent obligation outside that agreement.
09 Data and privacy
Your use of Omni Studio services involves the collection and processing of personal information. Our Privacy Policy, available at omni.studio/privacy, describes in detail how we collect, use, share, and protect personal information and governs your use of the Website and services.
Key data principles
- Client data ownership. All customer data collected through your Omni Studio agent pod is owned by you. We process this data solely to deliver the contracted services.
- No data sale. We do not sell personal information to third parties.
- No training use. We do not use your customer call recordings or transcripts to train AI models without your explicit written consent.
- Retention. Call recordings and transcripts are retained for 90 days by default. You may configure shorter retention periods or request earlier deletion.
- Data Processing Agreement. A Data Processing Agreement (DPA) is available upon request and governs Omni Studio’s obligations as a data processor on your behalf.
For privacy inquiries, contact support@omni.studio.
10 Third-party services and integrations
Omni Studio integrates with various third-party platforms and services to deliver its core functionality. These may include scheduling, calendar, telephony, and communication platforms that you choose to configure for your account.
Third-party responsibility
Omni Studio is not responsible for:
- Service outages, errors, or data loss attributable to third-party platforms
- The data handling practices or privacy policies of third-party service providers
- Changes to third-party APIs or platforms that may affect integration functionality
Client obligations
You are responsible for:
- Maintaining your own valid agreements with any third-party software providers you integrate with Omni Studio
- Ensuring you have the necessary permissions and licenses to connect those platforms to Omni Studio
- Monitoring your third-party integrations for compliance with applicable terms and laws
Omni Studio’s sub-processors (Google/Gemini, Anthropic/Claude, Twilio, Deepgram, Stripe) are listed in our Privacy Policy and Data Processing Agreement.
11 Limitation of liability
Cap on liability
To the maximum extent permitted by applicable law, Omni Studio’s total cumulative liability to you for any and all claims arising out of or relating to these Terms or the services — whether in contract, tort, negligence, strict liability, or otherwise — shall not exceed the total fees you paid to Omni Studio in the three (3) calendar months immediately preceding the event giving rise to the claim.
Exclusion of consequential damages
In no event shall Omni Studio be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of business, or loss of goodwill, even if Omni Studio has been advised of the possibility of such damages.
Specific exclusions
Without limiting the foregoing, Omni Studio is not liable for:
- Outages or data loss caused by third-party CRM or software platforms
- Your failure to maintain adequate independent emergency response protocols
- Missed calls or failed connections resulting from your own phone system configuration, carrier issues, or network outages
- Errors in AI-generated transcriptions or scheduling where you have failed to implement recommended human review procedures
- Any claims brought by your customers related to your business operations
Jurisdictional limits
Some jurisdictions do not permit the exclusion or limitation of certain damages. In such jurisdictions, Omni Studio’s liability is limited to the greatest extent permitted by applicable law.
MSA-specific remedies
Any specific indemnities, performance credits, or other remedies described in your Master Service Agreement (including those summarised in the Master Service Agreement subsection of Section 8) operate as your sole and exclusive remedies for the matters they address, and apply in addition to — not in place of — the caps and exclusions set out in this Section 11.
12 Indemnification
You agree to defend, indemnify, and hold harmless Omni Studio Inc. and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
- Your breach of these Terms or any applicable law or regulation
- Your misuse of Omni Studio services or use for any unauthorised or unlawful purpose
- Claims brought by your customers related to your business operations, including claims related to call recording, data privacy, or service quality
- Your failure to obtain required consents from callers or comply with applicable call recording consent laws
- Your negligence or wilful misconduct
13 Modifications to terms
Omni Studio reserves the right to modify these Terms at any time. For active paid subscribers, we will provide at least 30 days’ email notice of material changes before they take effect. For website visitors, changes are effective upon posting unless otherwise stated.
Your continued use of the Website or services after the notice period constitutes your acceptance of the revised Terms. If you do not agree to a modification, your sole remedy is to stop using the services and terminate your account in accordance with your applicable service agreement.
Material changes to pricing or core service scope for existing paid subscribers will require your affirmative consent before taking effect with respect to your account.
14 Termination
By Omni Studio
Omni Studio may suspend or terminate your access to the Website or services, with or without notice, for:
- Violation of these Terms or any applicable law
- Non-payment of fees
- Fraudulent, abusive, or illegal activity
- Excessive use of platform resources that materially impacts other clients
- Any other reason at Omni Studio’s sole discretion where we determine continued access is inappropriate
By Client
You may terminate your subscription in accordance with your applicable service agreement. Website visitors may cease using the Website at any time.
Effect of termination
Upon termination:
- Your access to the services will be disabled
- We will retain your data for the periods specified in our Privacy Policy and your DPA, after which it will be deleted
- Any accrued payment obligations survive termination
Survival
The following sections survive termination of these Terms: Section 7 (Intellectual Property), Section 11 (Limitation of Liability), Section 12 (Indemnification), Section 14 (Termination), Section 15 (Dispute Resolution), and Section 16 (Miscellaneous).
15 Dispute resolution
Governing law
These Terms and any disputes arising out of or related to them or your use of Omni Studio services are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
Informal resolution
Before initiating formal dispute proceedings, you agree to contact us at support@omni.studio and attempt to resolve the dispute informally. The parties will have 30 days from the date of written notice to attempt good-faith resolution.
Binding arbitration
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the services that involves an amount in controversy under $250,000 shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Delaware or by remote proceedings. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Class action waiver
To the extent permitted by applicable law, you waive any right to bring claims against Omni Studio as a plaintiff or class member in any class action, consolidated action, or representative proceeding.
Small claims exception
Either party may bring an eligible claim in small claims court in lieu of arbitration, provided the claim qualifies under the applicable small claims court rules.
16 Miscellaneous
Entire agreement
For website visitors, these Terms constitute the entire agreement between you and Omni Studio regarding your use of the Website. For clients, these Terms are supplemented by any applicable MSA, Order Form, or DPA, which together constitute the entire agreement regarding the services.
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, and the remaining provisions will remain in full force and effect.
Waiver
Omni Studio’s failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
Assignment
You may not assign or transfer your rights or obligations under these Terms without Omni Studio’s prior written consent. Omni Studio may assign these Terms in connection with a merger, acquisition, reorganisation, or sale of all or substantially all of its assets, with notice to you.
Force majeure
Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, telecommunications failures, or third-party service outages.
No agency
These Terms do not create any agency, partnership, joint venture, or employment relationship between you and Omni Studio.
Contact
For legal inquiries related to these Terms, contact us at:
Omni.studio (Omni Studio Inc.) · 135 Madison Ave, 5th Floor, New York, NY 10016 · support@omni.studio