Terms of Use

OMNI MIND TECHNOLOGIES L.L.C-FZ

1. ACCEPTANCE OF TERMS

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and OMNI MIND TECHNOLOGIES L.L.C-FZ ("OmniMind," "Company," "we," "us," or "our"), a limited liability company registered in the Meydan Free Zone, Dubai, United Arab Emirates under License Number 2541171.01, governing your access to and use of the website located at OmniMindTechnologies.com (the "Website"), and any related services, software, applications, platforms, content, and functionality provided by OmniMind (collectively, the "Services").

BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. If you do not agree to these Terms, you must immediately cease all use of the Services and may not access the Website.

These Terms apply to all visitors, users, and others who access or use the Services. Your use of the Services is also subject to our Privacy Policy, which is incorporated herein by reference.

2. DEFINITIONS

For purposes of these Terms:

"Content" means all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted.
"User Content" means any Content that Users submit, upload, post, or otherwise make available through the Services.
"OmniMind Content" means all Content provided, created, or made available by OmniMind through the Services, including software, text, graphics, logos, designs, interfaces, artificial intelligence systems, and proprietary technology.
"Intellectual Property Rights" means all intellectual property rights worldwide, including patents, trademarks, service marks, trade names, copyrights, trade secrets, database rights, design rights, and any other proprietary rights, whether registered or unregistered.
"Prohibited Content" means Content that violates these Terms or applicable law, including but not limited to unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable material.

3. USE OF SERVICES

3.1 Eligibility

You must be at least eighteen (18) years of age, or the age of majority in your jurisdiction of residence, whichever is greater, to access or use the Services. By using the Services, you represent and warrant that you meet these age requirements and have the legal capacity to enter into these Terms. If you are accessing or using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3.2 Limited License

Subject to your compliance with these Terms, OmniMind grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal or internal business purposes. This license does not include any right to: (a) resell or make commercial use of the Services or OmniMind Content; (b) modify, reproduce, distribute, create derivative works of, publicly display, or publicly perform the Services or OmniMind Content; (c) use any data mining, robots, scraping, or similar data gathering or extraction methods; (d) download any portion of the Services or OmniMind Content except as expressly permitted by OmniMind; or (e) use the Services or OmniMind Content for any purpose other than as expressly permitted by these Terms.

3.3 Prohibited Uses

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable laws or regulations;

• Infringe upon or violate any Intellectual Property Rights or proprietary rights of OmniMind or any third party;

• Upload, post, or transmit any Prohibited Content, including malware, viruses, or other harmful code;

• Harass, threaten, intimidate, impersonate, or harm any person or entity;

• Interfere with or disrupt the Services, servers, or networks connected to the Services;

• Attempt to gain unauthorized access to any portion of the Services, computer systems, or networks;

• Use any automated system, including robots, spiders, scrapers, or offline readers, to access the Services;

• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the Services;

• Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices;

• Use the Services to compete with OmniMind or to develop competing products or services;

• Collect or harvest personal information of other Users without their consent;

• Engage in any activity that imposes an unreasonable burden on our infrastructure or that could damage, disable, overburden, or impair the Services.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 Ownership of OmniMind Content

The Services and all OmniMind Content, including but not limited to software, technology, text, graphics, logos, images, audio, video, data compilations, page layouts, underlying code, algorithms, artificial intelligence systems, and all Intellectual Property Rights therein, are and shall remain the exclusive property of OmniMind and its licensors. These Terms do not grant you any ownership rights in the Services or OmniMind Content. All rights not expressly granted herein are reserved by OmniMind.

4.2 Trademarks

"OmniMind," "OmniMind Technologies," and all related logos, product and service names, designs, and slogans are trademarks of OmniMind or its affiliates. You may not use such marks without our prior written permission. All other trademarks, service marks, and trade names referenced in the Services are the property of their respective owners.

4.3 User Content License

You retain all ownership rights in User Content that you submit, post, or display through the Services. However, by submitting User Content, you grant OmniMind a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with operating, providing, improving, and promoting the Services, including for training and improving our artificial intelligence systems. This license continues even if you stop using the Services.

4.4 User Content Representations

You represent and warrant that:

You own or have obtained all necessary rights, licenses, consents, and permissions to submit User Content and to grant the license set forth above;
User Content does not violate any Intellectual Property Rights, privacy rights, publicity rights, or other rights of any third party;
User Content does not violate these Terms, any applicable law, or any contractual obligation to any third party;
User Content does not contain Prohibited Content as defined in these Terms.

5. THIRD-PARTY SERVICES

The Services may contain links to third-party websites, services, or resources that are not owned or controlled by OmniMind. OmniMind has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that OmniMind 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 third-party content, goods, or services available through such websites or services.

We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit. Any integration with third-party services requires your explicit authorization and is subject to the third party's terms and conditions.

6. PRIVACY AND DATA PROTECTION

Your use of the Services is subject to our Privacy Policy, which describes how we collect, use, store, and disclose your personal information. By using the Services, you consent to such collection, use, storage, and disclosure as described in our Privacy Policy. Our Privacy Policy is incorporated into these Terms by reference and can be accessed at OmniMindTechnologies.com/privacy.

You acknowledge and agree that your interactions with our artificial intelligence systems, including chat conversations, queries, and other communications, may be used to train and improve our AI models and technology, subject to the terms of our Privacy Policy and applicable data protection laws.

7. DISCLAIMERS

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OMNIMIND DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

Without limiting the foregoing, OmniMind does not warrant that:

The Services will be uninterrupted, timely, secure, or error-free;
The results obtained from the use of the Services will be accurate or reliable;
The quality of any products, services, information, or other material obtained through the Services will meet your expectations;
Any errors in the Services will be corrected;
The Services will be compatible with your hardware, software, or other systems.

OmniMind makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of any Content provided through the Services. Any reliance on such Content is at your own risk. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you to the extent prohibited by applicable law.

8. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OMNIMIND, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF OMNIMIND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL OMNIMIND'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO OMNIMIND FOR USE OF THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

9. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless OmniMind, its affiliates, and their respective officers, directors, employees, agents, suppliers, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use or misuse of the Services; (c) your User Content; (d) your violation of any rights of another party, including any Intellectual Property Rights; or (e) your violation of any applicable law, rule, or regulation.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This indemnification obligation will survive the termination or expiration of these Terms.

10. TERMINATION

10.1 Termination by OmniMind

We reserve the right, in our sole discretion, to suspend, disable, or terminate your access to the Services, or any portion thereof, at any time, with or without notice, for any reason or no reason, including but not limited to: (a) violation of these Terms; (b) suspected fraudulent, abusive, or illegal activity; (c) extended periods of inactivity; (d) technical or security issues; (e) engagement in conduct that we believe may harm OmniMind, other Users, or third parties; or (f) any other reason deemed appropriate by OmniMind.

10.2 Effect of Termination

Upon termination of your access to the Services for any reason: (a) your right to access and use the Services will immediately cease; (b) we may delete any User Content you have submitted; (c) we are not obligated to maintain or provide you with copies of your User Content; and (d) we shall not be liable to you or any third party for any termination of your access to the Services. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, limitations of liability, indemnification, and dispute resolution provisions.

11. MODIFICATIONS

11.1 Modifications to Services

OmniMind reserves the right to modify, suspend, or discontinue the Services, or any part thereof, at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

11.2 Modifications to Terms

We reserve the right to modify these Terms at any time. When we make material changes to these Terms, we will provide notice by posting the revised Terms on the Website and updating the "Effective Date" at the top of these Terms. We may also provide notice through the Services or via email. Material changes will become effective thirty (30) days after notice is provided, unless otherwise required by law. Non-material changes will become effective immediately upon posting.

Your continued use of the Services after the effective date of any modifications constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must cease using the Services. It is your responsibility to review these Terms periodically for changes.

12. DISPUTE RESOLUTION

12.1 Informal Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Services (collectively, "Disputes"), the parties agree to first attempt to resolve the Dispute informally by contacting each other and negotiating in good faith for a period of at least thirty (30) days before initiating any formal proceedings.

12.2 Arbitration

If the parties are unable to resolve the Dispute through informal negotiations, the Dispute shall be finally resolved by binding arbitration administered by a recognized arbitration institution in Dubai, United Arab Emirates, in accordance with its commercial arbitration rules. The arbitration shall be conducted in English. The arbitral award shall be final and binding upon the parties and may be entered and enforced in any court of competent jurisdiction.

12.3 Class Action Waiver

YOU AND OMNIMIND AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.

13. GOVERNING LAW

These Terms and any Disputes arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of the United Arab Emirates and the regulations of the Meydan Free Zone, without regard to conflict of law principles. Subject to the arbitration provisions set forth above, the parties submit to the exclusive jurisdiction of the courts of Dubai, United Arab Emirates for any legal proceedings that are not subject to arbitration.

14. GENERAL PROVISIONS

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and OmniMind regarding the Services and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and OmniMind.

14.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent, or if such modification is not possible, the provision shall be severed from these Terms. The remaining provisions shall remain in full force and effect.

14.3 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. OmniMind's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder, by operation of law or otherwise, without OmniMind's prior written consent. Any attempted assignment or transfer in violation of this provision shall be null and void. OmniMind may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.

14.5 Force Majeure

OmniMind shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

14.6 Notices

All notices, requests, and other communications under these Terms must be in writing and shall be deemed to have been duly given: (a) when delivered personally; (b) when sent by confirmed email; (c) one business day after being sent by reputable overnight courier; or (d) four business days after being mailed by first-class mail, postage prepaid. Notices to OmniMind shall be sent to info@omnimindtechnologies.com or to our registered address.

14.7 Language

These Terms are prepared in the English language. In the event of any conflict between the English version and any translation, the English version shall prevail.

15. CONTACT INFORMATION

For questions, concerns, or notices regarding these Terms or the Services, please contact us:

OMNI MIND TECHNOLOGIES L.L.C-FZ

Registered Address:

Meydan Grandstand, 6th floor, Meydan Road, Nad Al Sheba, Dubai, United Arab Emirates

General Inquiries:

Email: info@omnimindtechnologies.com

Website: OmniMindTechnologies.com