IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE (THESE “TERMS”) BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER support@omnii.co OR OTHER OF OUR SITES WHICH LINK TO THESE TERMS.

THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION (SEE SECTIONS 11, 17, 18, AND 19). ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 19. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.

The use of support@omnii.co or other sites to which these Terms are linked (each, a “Website”), owned and maintained by Omnii Inc, d/b/a Omnii (“Omnii,” “we,” “our,” “us”), are governed by these Terms. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated herein. By accessing, using, subscribing, or placing an order over the Website, you and your business (including any sub users you may have) agree to the terms and conditions set forth herein. If you do not agree to these Terms in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

THIS IS A BINDING AGREEMENT. THESE TERMS TOGETHER WITH OUR PRIVACY STATEMENT AND DATA PROCESSING ADDENDUM FORM A LEGALLY BINDING AGREEMENT (THE “AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND Omnii. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY Omnii, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

REFUNDS FOR DIGITAL PRODUCTS OR SUBSCRIPTIONS

There are no refunds on discounted offers, subscription or lifetime plans and products delivered in electronic (digital) format. All sales are final. No exceptions.

If you want to cancel a subscription you have with us, please login to your account and under billing you can cancel your subscription with a click of a button. You can also send an email to support@omnii.co.

When you cancel a subscription with us, you will continue to receive your subscription benefits until the end of the current billing period. You will not receive a refund of any portion of the subscription fees you paid for the current or prior billing periods.

Example: If we process cancellation of a monthly subscription on March 7th, you will continue to receive the benefits of that subscription until March 31st and there will not be a refund of any part of the March monthly subscription fee. You will neither be billed for nor receive the benefits of the cancelled subscription after March.

If you choose a multi-payment option for a single subscription period, when you cancel a subscription during that period, you will continue to receive the benefits of the subscription until the end of the period and must continue to honor your agreement to make multiple payments for that subscription period.

Example: If we process cancellation of an annual subscription in May that you agreed to pay for with quarterly payments (January 1st, April 1st, July 1st, and September 1st), you will continue to receive the benefits of that subscription until the end of the year, there will not be a refund of any part of the annual subscription fee already paid, and you must make the two remaining quarterly payments (July 1st and September 1st). You will neither be billed for nor receive the benefits of the cancelled subscription after the end of the annual subscription period.

Do not wait until the end of a billing or subscription period to make a subscription cancellation request because such requests are typically processed within 2 to 3 business days after we receive them. As it takes longer for us to receive postal mail than electronic mail, we recommend that you email your request. Providing us with your account/subscription number (if you have one) can also speed up the process of honoring your request.

We will confirm your subscription has been cancelled by either email or postal mail.

TRIAL OFFER, AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION

Where we offer you a free trial of Omnii, such free trial will start immediately after your registration and continue for the free trial offer period as indicated on the Website at the time you register. Free trial subscriptions are only available to new subscribers of Omnii and for the limited periods as set out on the Website. Previous subscribers or those subscribers who have already benefited from a free trial subscription to Omnii do not qualify for a further free trial period (unless otherwise stated).

Omnii will email a reminder that your trial is ending at least 7 days prior to you being charged. If you do not want to continue your subscription after your free trial comes to an end, you must contact us at least 24 hours before your free trial period ends by submitting a cancellation request to us via our support email address support@omnii.co, or by cancelling your free trial through your Account Dashboard, as detailed here. If you do not contact us at least 24 hours before your free trial period ends to cancel, your subscription will automatically continue and the payment card that you provided at the time of enrollment online will be charged the full Omnii monthly membership subscription rate provided at the time of enrollment each month until you cancel. Omnii can change the monthly membership subscription rate at any time. If the membership subscription rate changes after you subscribe, we will notify you by email and give you an opportunity to cancel.

If you wish to cancel your Omnii, subscription (including subscriptions for services) at any time after a free trial or discounted period ends, you must submit a cancellation request to us via our support email address support@omnii.co or through your Account Dashboard, as detailed here. For monthly subscriptions (including subscriptions for services), we require at least ten (10) days’ notice of cancellation by email. If you provide such notice less than ten (10) days before the first day of your next subscription month, your credit card may still be charged. You will not be entitled to prorate your last month’s use, nor will you be entitled to any refund for any payments to Omnii. Omnii in its sole discretion may charge a cancellation fee equal to the amount the subscription was discounted.

SUBSCRIPTION TERMS AND AUTOMATIC PAYMENT

A Omnii user is responsible for paying all sums due to Omnii in connection with their monthly subscription in accordance with these Terms. The first fee payable in accordance with these Terms is due when the user account is set up and payment of the monthly fee is a condition of access, or after your free trial ends and you have not canceled the automatic subscription with us. Every calendar month, your account will be charged the subscription fee plus applicable tax for the following month’s subscription, together with any other fees for the following month’s subscription plus any accumulated charges for the past period (collectively, “Fees”). Failure by the Omnii user to use any of the services available through the service provided by Omnii does not relieve the Omnii user of their payment obligations under these Terms.

Potential users can pay by credit card or debit card. Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services together with details on when payment is due. You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment terms for the specific service purchased (unless the subscription is cancelled in accordance with these Terms) and therefore authorize the automatic payment collection terms applicable to that specific service (e.g., on a monthly basis and for a specific amount).

IF YOU ARE A Omnii, USER WITH A MONTHLY SUBSCRIPTION AND YOU HAVE PROVIDED US WITH A VALID CREDIT OR DEBIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF YOUR DESIGNATED PAYMENT DATE (MONTHLY) AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR ENROLLMENT. IF YOU WISH TO CANCEL YOUR SUBSCRIPTION TO Omnii, YOU MAY DO SO THROUGH YOUR ACCOUNT DASHBOARD OR BY EMAILING support@omnii.co AT LEAST TEN (10) DAYS BEFORE THE FIRST DAY OF YOUR NEXT SUBSCRIPTION MONTH.

Omnii reserves the right to immediately terminate a user’s account and/or service for any unpaid (in whole or part) period of the subscription (with or without notice). Termination of service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses. In the event Omnii starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 20 below.

In addition to any Fees, Omnii may also charge applicable value added or other tax.