Terms of Service

Last Updated: January 1, 2026

Acceptance of Terms

By accessing or using the 365 Omni platform (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you ("Customer," "you," or "your") and 365 Omni, Inc. ("365 Omni," "we," "our," or "us"). If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

Definitions

For the purposes of these Terms:

  • "Platform" means the 365 Omni AI-powered omnichannel customer communication software and associated services.
  • "Service" means the Platform, including all features, APIs, documentation, and support provided by 365 Omni.
  • "User" means any individual who accesses or uses the Service.
  • "Agent" means a User with permissions to send and receive messages on behalf of a Customer.
  • "Workspace" means the Customer's dedicated environment within the Platform.
  • "Channel" means any third-party communication platform integrated with the Service (e.g., WhatsApp, Messenger, Instagram).
  • "Content" means all messages, files, images, data, and other materials transmitted through the Service.
  • "Subscription Period" means the recurring billing period (monthly or yearly) selected by the Customer.

Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that:

  • You are at least 18 years of age and have the legal capacity to enter into a binding contract.
  • You are not located in a country that is subject to a U.S. government embargo or that has been designated as a "terrorist supporting" country.
  • You are not listed on any U.S. government list of prohibited or restricted parties.
  • All registration information you provide is accurate, current, and complete.

Account Registration

To use the Service, you must create an account. You are responsible for:

  • Maintaining the confidentiality of your login credentials and API keys.
  • All activities that occur under your account.
  • Notifying us immediately of any unauthorized use of your account.
  • Ensuring that your use of the Service complies with all applicable laws and regulations.

You may not create multiple accounts to circumvent trial limitations or pricing restrictions. We reserve the right to suspend or terminate accounts that violate these Terms.

Subscriptions and Billing

The Service is offered on a subscription basis. Subscription details:

  • Plans are billed in advance on a monthly or yearly basis, as selected during sign-up.
  • Subscription fees are non-refundable except as expressly stated in our Refund Policy.
  • We reserve the right to modify pricing upon 30 days' notice. Price changes will not affect current subscription periods.
  • Upgrades take effect immediately, and you will be charged the prorated difference for the remainder of the billing period.
  • Downgrades take effect at the end of the current billing period.

Payments and Fees

All payments are processed securely through our third-party payment processors. By providing payment information, you authorize us to charge the applicable fees.

  • Payments are due at the start of each Subscription Period.
  • Late payments may result in service suspension after a 5-day grace period.
  • All fees are exclusive of taxes. You are responsible for paying all applicable taxes.
  • If payment fails, we will notify you and may retry the charge. After multiple failures, we may suspend access to the Service.

Refund Policy

We offer a 30-day money-back guarantee on all paid plans. If you are not satisfied with the Service for any reason:

  • Contact our support team at support@365omni.com within 30 days of your initial payment.
  • We will process a full refund within 5-10 business days.
  • Refunds are limited to one per customer per plan tier.
  • After the 30-day period, fees are non-refundable except in cases of service unavailability that violates our SLA.

API Usage

Access to the 365 Omni API is subject to the following terms:

  • API keys are confidential and must not be shared or embedded in client-side code.
  • You must comply with API rate limits specified in our documentation.
  • You may not use the API to build a competing product or service.
  • We reserve the right to throttle or suspend API access that significantly degrades platform performance.
  • API usage is monitored and logged. Excessive or abusive API calls may result in rate limit adjustments or account review.
  • Our API documentation is provided for reference only and may change with reasonable notice.

Facebook Platform Terms

Your use of Facebook Messenger, Facebook Comments, and Facebook Login integrations is subject to Meta's Platform Terms and policies:

  • You must comply with Meta's Facebook Platform Policies, including the Community Standards, Data Policy, and Terms of Service.
  • You are responsible for obtaining all necessary consents from end users as required by Meta's policies.
  • Message content accessed through the Messenger API must be handled in accordance with Meta's data use restrictions.
  • You must not use the data obtained through Facebook integrations for any purpose other than providing customer support through 365 Omni.
  • Any violation of Meta's policies may result in the immediate suspension of the Facebook integration and may affect your 365 Omni account.

Instagram Platform Terms

Your use of Instagram Direct and Instagram Comments integrations is subject to:

  • Meta's Instagram Platform Policy and the Instagram Community Guidelines.
  • You must have a valid Instagram Business or Creator Account to use the integration.
  • You must not use Instagram data for advertising, targeting, or any purpose beyond responding to customer messages and comments.
  • Instagram message and comment data must be deleted upon termination of the integration, subject to your own data retention obligations.

WhatsApp Business Policy

Your use of the WhatsApp Business API integration is subject to:

  • The WhatsApp Business Solution Terms and WhatsApp Business Policy.
  • You must use an approved WhatsApp Business Account with a verified phone number.
  • All messages sent through WhatsApp must comply with the WhatsApp Commerce Policy and applicable laws.
  • You must respect customer opt-in preferences and message frequency guidelines established by WhatsApp.
  • Template messages must be pre-approved by WhatsApp before sending. Non-compliant messaging may result in the suspension of your WhatsApp Business Account.
  • You are responsible for all message costs, including session-based pricing and template fees charged by Meta.

LinkedIn API Terms

Your use of the LinkedIn API integration is subject to:

  • LinkedIn's API Terms of Use and Developer Agreement.
  • You must have a LinkedIn Company Page and an associated LinkedIn App with approved permissions.
  • Data obtained through LinkedIn APIs must not be stored beyond what is necessary to provide the Service.
  • You must comply with LinkedIn's brand guidelines when displaying LinkedIn content.

X (Twitter) API Terms

Your use of the X (Twitter) API integration is subject to:

  • X's Developer Agreement and Developer Policy.
  • You must have an X Developer account with an active Project and App.
  • You must comply with X's rate limits, content policies, and data usage restrictions.
  • Direct message content accessed through the X API must be handled securely and not disclosed to unauthorized parties.

Acceptable Use

You agree not to use the Service for any unlawful, harmful, or prohibited purposes, including:

  • Sending spam, unsolicited messages, or any communication that violates applicable anti-spam laws (CAN-SPAM Act, GDPR, etc.).
  • Transmitting malware, viruses, or any harmful code.
  • Harassing, threatening, or abusing any person or group.
  • Impersonating any person or entity, or misrepresenting your affiliation with any person or entity.
  • Collecting or storing personal data about other users without their consent.
  • Interfering with or disrupting the integrity or performance of the Service.
  • Attempting to gain unauthorized access to the Service or its related systems.
  • Using the Service in a way that violates the terms of any integrated third-party platform.

We reserve the right to investigate and take appropriate action against any violation of this Acceptable Use policy, including suspension or termination of your account.

Termination

Either party may terminate these Terms under the following conditions:

  • By You: You may cancel your subscription at any time through your workspace settings. Cancellation takes effect at the end of the current billing period.
  • By Us: We may suspend or terminate your access to the Service if you breach these Terms, violate applicable laws, or engage in prohibited activities.
  • Effect of Termination: Upon termination, your access to the Service will be revoked. We will provide a 30-day window to export your data before permanent deletion, subject to our data retention policy.
  • Survival: Sections pertaining to intellectual property, disclaimer of warranties, limitation of liability, indemnification, and governing law shall survive termination.

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, 365 OMNI DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  • WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
  • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT OR INFORMATION OBTAINED THROUGH THE SERVICE.

NO ADVICE OR INFORMATION OBTAINED BY YOU FROM 365 OMNI OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL 365 OMNI BE LIABLE FOR:

  • ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
  • ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
  • ANY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.
  • ANY DAMAGES RELATED TO THIRD-PARTY PLATFORMS (FACEBOOK, INSTAGRAM, WHATSAPP, LINKEDIN, X) OR THEIR API ACCESS.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO 365 OMNI DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Indemnification

You agree to indemnify, defend, and hold harmless 365 Omni, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

  • Your use of the Service in violation of these Terms.
  • Your violation of any applicable law or regulation.
  • Your Content or any data you transmit through the Service.
  • Your violation of any third-party platform terms (including Meta, WhatsApp, LinkedIn, X).
  • Any dispute between you and your customers or end users.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Dispute Resolution: Any disputes arising from these Terms shall first be resolved through good-faith negotiations. If the dispute cannot be resolved within 30 days, it shall be settled by binding arbitration in accordance with the American Arbitration Association's rules. The arbitration shall take place in San Francisco, California.

Class Action Waiver: You agree that any proceedings to resolve disputes will be conducted on an individual basis and not as a class, consolidated, or representative action.

Jurisdiction: The federal and state courts located in San Francisco, California shall have exclusive jurisdiction over any appeals of arbitration decisions and any actions not subject to arbitration.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

  • Posting the updated Terms on this page with a revised "Last Updated" date.
  • Sending an email notification to the primary email address associated with your account for significant changes.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the changes, you may cancel your subscription before the changes take effect.

Contact Information

If you have any questions about these Terms, please contact us:

For legal notices, please use legal@365omni.com with the subject line "Legal Notice."