OmniPresence LLC Terms of Service

Agreement to Terms

By creating an account, clicking “I Agree,” or using any part of the OmniPresence platform, you enter into a binding legal agreement with OmniPresence LLC, a Florida limited liability company. This agreement is governed by the laws of the State of Florida.

READ THIS AGREEMENT CAREFULLY. BY SIGNING OR CLICKING ACCEPT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY EVERY PROVISION OF THIS AGREEMENT. YOUR ELECTRONIC SIGNATURE IS LEGALLY BINDING.

If you do not agree to these Terms, do not create an account or use the Platform.

1. The Platform

OmniPresence provides a software-as-a-service platform that enables coaches, consultants, course creators, educators, and other business operators to deliver courses, manage communities, process payments through their own third-party payment accounts, schedule appointments, run marketing campaigns, and operate their businesses from one centralized system.

OmniPresence is a platform and technology provider only. We are not a business partner, co-venturer, employer, agent, or fiduciary of any Client. We do not control, endorse, or take responsibility for the content, services, advice, products, or conduct of any Client or their customers.

2. Account Registration and Eligibility

2.1 Eligibility. You must be at least 18 years of age and legally capable of entering into binding contracts to use this Platform. By registering, you represent and warrant that you meet these requirements.

2.2 Accurate Information. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. Providing false or misleading information is grounds for immediate termination.

2.3 Account Security. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at support@myomnipresence.ai of any unauthorized use.

2.4 One Account Per Person. Each person or business entity may maintain only one account. Creating multiple accounts to evade suspension, bypass restrictions, or circumvent these Terms is prohibited and grounds for permanent ban of all associated accounts.

2.5 Identity Verification. OmniPresence reserves the right to verify your identity at any time and to screen accounts against applicable government sanctions lists, including but not limited to the U.S. Treasury Department OFAC Specially Designated Nationals list, FBI watchlists, Interpol red notices, and other applicable international sanctions databases. Accounts found to be associated with sanctioned individuals or entities will be immediately and permanently terminated and reported to the appropriate authorities.

3. Subscription, Billing, and Trial

3.1 Free Trial. OmniPresence offers a 14-day free trial. To begin your trial, you must provide valid payment details. Your payment method will not be charged until Day 15 of your trial period. If you cancel before Day 15, you will not be charged. If you do not cancel before Day 15, your subscription begins automatically and your payment method is charged for the full monthly or annual plan you selected.

3.2 Payment Details Required. Payment details are required to start your trial.

3.3 Automatic Renewal. Subscriptions renew automatically at the end of each billing cycle unless cancelled. By providing payment details, you authorize OmniPresence to charge your payment method automatically at the start of each renewal period.

3.4 No Refunds. ALL PAYMENTS ARE FINAL. OMNIPRESENCE DOES NOT OFFER REFUNDS UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO DISSATISFACTION WITH THE PLATFORM, FAILURE TO USE THE PLATFORM, ACCIDENTAL RENEWAL, OR CHANGE OF BUSINESS PLANS. This no-refund policy was presented to you as a standalone disclosure and acknowledged by you prior to your first payment.

3.5 Cancellation. You may cancel your subscription at any time through your account dashboard. Cancellation takes effect at the end of your current billing cycle. You retain full access to the Platform through the end of your paid billing period. No partial refunds are issued for unused time within a billing cycle.

3.6 Payment Processing Fees. OmniPresence does not take a cut of your sales. Standard payment processing fees charged by your chosen payment processor are your responsibility and are not collected by OmniPresence.

3.7 Price Changes. OmniPresence reserves the right to change subscription pricing with 30 days written notice to your registered email address. Continued use of the Platform after a price change constitutes acceptance of the new pricing.

4. Data, Content, and Asset Collection

4.1 Your Content Is Yours. All courses, community content, CRM data, marketing materials, files, and other content you create or upload to the Platform remain your sole property. OmniPresence claims no ownership interest in your content.

4.2 License to Operate. By uploading or creating content on the Platform, you grant OmniPresence a limited, non-exclusive, royalty-free license to store, process, display, and transmit your content solely for the purpose of providing the Platform services to you. This license ends when your content is deleted from our systems.

4.3 No Backup Service. OmniPresence is not a backup or archival service. You are solely responsible for maintaining your own copies of your content. OmniPresence is not liable for any content lost due to technical failure, account termination, or expiration of the asset collection period.

4.4 Content Processing and Scanning. OmniPresence employs automated content monitoring systems to scan content created, uploaded, or published on the Platform for prohibited material as defined in Section 7 of these Terms. By using the Platform, you consent to this automated scanning.

4.5 Asset Collection Period. Upon cancellation or termination of your account except termination for cause under Section 8, you have 90 days from the date your account closes to export and collect your content and data. OmniPresence will provide export tools to facilitate this process. After the 90-day collection period expires, all of your content and data will be permanently and irrecoverably deleted from OmniPresence systems. OmniPresence is not liable for any content or data not collected within the 90-day window. No extensions will be granted under any circumstances.

4.6 Termination for Cause. If your account is terminated for violation of these Terms, the Prohibited Content and Conduct Policy, or applicable law, your content and data will be locked immediately and you will have no access to it during investigation. Depending on the outcome of the investigation, your content may be permanently deleted without any collection period, or preserved and turned over to law enforcement as evidence.

4.7 Data Isolation. Your account data is isolated to your account. OmniPresence does not share your data, your clients data, or your business data with other OmniPresence clients, with OmniPresence affiliated brands, or with third parties except as required by law or as described in our Privacy Policy.

5. Payment Gateway Connections

5.1 Connector Model. OmniPresence provides integration tools that allow you to connect your own third-party payment processor accounts to the Platform. OmniPresence is not a payment processor, money transmitter, or financial institution. All payment transactions between you and your customers are processed directly by your chosen payment processor under your account.

5.2 Your Responsibility. You are solely responsible for your payment processor account, including maintaining it in good standing, complying with your processor’s terms of service, handling disputes and chargebacks with your processor, and ensuring compliance with applicable financial regulations.

5.3 OmniPresence Not Liable for Processor Actions. OmniPresence is not responsible for and has no liability for any action taken by your payment processor, including account freezes, fund holds, account terminations, or transaction disputes. A payment processor’s action against your account does not entitle you to a refund of OmniPresence subscription fees.

5.4 Gateway Availability. OmniPresence makes reasonable efforts to maintain payment gateway integrations but does not guarantee the continuous availability of any specific gateway.

6. AI-Generated Content

6.1 Your Responsibility as Publisher. OmniPresence provides AI-powered tools that assist in creating websites, emails, marketing funnels, ad copy, course content, and other materials. All AI-generated content must be reviewed, edited, and approved by you before publication or distribution.

6.2 You Are the Publisher. By publishing or distributing any AI-generated content created through the Platform, you assume full responsibility for that content. OmniPresence is not responsible for any AI-generated content that infringes copyright, defames any person, violates advertising laws, makes false claims, or violates any applicable law.

6.3 Earnings and Income Claims. OmniPresence makes no representations or guarantees about the income, revenue, or business results you may achieve using the Platform. You are solely responsible for ensuring that any income or earnings claims you make to your audience comply with FTC guidelines and applicable law.

6.4 Professional Licensing. If you operate in a licensed profession including healthcare, medicine, law, financial advising, therapy, or nutrition, you are solely responsible for ensuring that all content you create and distribute through the Platform complies with your professional licensing requirements and applicable laws.

6.5 Marketing Compliance. OmniPresence provides marketing compliance guidance tools to assist you in reviewing your marketing content. These tools are provided as a convenience only and do not constitute legal advice. You remain solely responsible for the legal compliance of all marketing materials you publish.

7. Prohibited Content and Conduct

The following content and conduct are strictly prohibited on the OmniPresence Platform. Violations result in immediate account suspension, content lock, investigation, and potential permanent ban and report to the appropriate authorities. This policy is presented as a standalone document at onboarding and requires your separate explicit acknowledgment.

7.1 Weapons and Violence: Instructions for explosive devices, bombs, or improvised weapons; illegal firearms manufacturing or modification; biological, chemical, nuclear, or radiological weapons; content promoting mass violence, terrorism, or assassination; instructions for attacks on infrastructure or civilian targets.

7.2 Illegal Drugs and Controlled Substances: Manufacturing or synthesis instructions for illegal drugs; drug trafficking operations or distribution guides; content facilitating illegal drug transactions.

7.3 Sexual Exploitation: Any sexual content involving minors reported immediately to NCMEC and law enforcement without exception; non-consensual intimate imagery; sexual exploitation, trafficking, or grooming content; explicit pornographic content of any kind.

7.4 Human Trafficking: Content facilitating human trafficking, forced labor, or exploitation; recruitment or control of persons for exploitation; content targeting vulnerable populations.

7.5 Hate Speech and Extremism: Content promoting hatred or violence based on race, ethnicity, religion, gender, sexual orientation, disability, or national origin; extremist ideology; content inciting violence against any group; support for designated terrorist organizations.

7.6 Fraud and Financial Crimes: Pyramid or Ponzi schemes; money laundering; phishing or identity theft facilitation; counterfeit documents or financial instruments; unauthorized use of another identity for financial gain.

7.7 Cybercrime: Malware, ransomware, or malicious code; hacking tutorials for unauthorized access; DDoS tools or coordination; dark web marketplace facilitation.

7.8 Illegal Surveillance and Privacy Violations: Stalkerware or covert tracking tools; doxxing; content facilitating stalking or targeted harassment.

7.9 Impersonation and Deception: Impersonating government, law enforcement, or military; fake credentials or professional licenses; fraudulent misrepresentation of identity for financial gain.

7.10 Platform Integrity Violations: Multiple accounts to evade bans; circumventing content monitoring systems; coordinated inauthentic behavior; targeting or harassing other Platform users.

8. Enforcement

8.1 Immediate Suspension and Content Lock. Upon detection of potentially prohibited content or conduct, OmniPresence will immediately suspend the account and lock all content and data. The account holder will not be able to access, modify, delete, or export any content during the investigation period.

8.2 Investigation and Outcome. OmniPresence will investigate flagged accounts and content. Investigation outcomes may include reinstatement if the flag is a false positive; permanent ban with content deletion if a violation is confirmed; or referral to law enforcement if content is illegal.

8.3 Mandatory Reporting. The following categories are always reported to the appropriate authorities without exception: any CSAM reported immediately to NCMEC and law enforcement; credible threats of imminent violence reported to law enforcement; terrorist content or known terrorist association reported to the FBI; OFAC sanctions violations reported to the U.S. Treasury Department.

8.4 OmniPresence Sole Discretion. OmniPresence reserves the right to suspend, investigate, or terminate any account at its sole discretion if it reasonably believes a violation has occurred or is occurring.

9. Chargebacks and Billing Disputes

9.1 No Chargebacks as Substitute for Cancellation. Filing a chargeback or payment dispute does not constitute cancellation of your subscription.

9.2 We Fight Every Chargeback. OmniPresence disputes every chargeback filed against a Platform subscription. Upon receiving notice of a chargeback, OmniPresence will submit a complete evidence package to the card issuer including your signed agreements and timestamps, your complete purchase and billing history, your service delivery and platform usage records, your login and activity records, and all communications between you and OmniPresence.

9.3 Chargeback Disclosure Acknowledgment. At onboarding, you acknowledged and signed a separate Chargeback Disclosure document. That signed acknowledgment is part of your permanent account record and will be submitted as evidence in any dispute.

9.4 Attorney Fees for Frivolous Claims. In the event OmniPresence is required to defend against any claim, lawsuit, or dispute that is determined to be frivolous, without merit, or brought in bad faith, OmniPresence reserves the right to seek recovery of all reasonable attorney fees, court costs, and legal expenses incurred in its defense.

10. Intellectual Property

10.1 OmniPresence IP. The Platform, including its software, design, features, trademarks, and proprietary systems, is the exclusive property of OmniPresence LLC. You are granted a limited, non-exclusive, non-transferable license to use the Platform during your active subscription.

10.2 Your IP. You retain all intellectual property rights in your content.

10.3 Feedback. Any feedback or suggestions you provide about the Platform may be used by OmniPresence without compensation or attribution.

11. Disclaimers and Limitation of Liability

11.1 Platform Provided As-Is. THE PLATFORM IS PROVIDED AS IS AND AS AVAILABLE WITHOUT WARRANTIES OF ANY KIND. OMNIPRESENCE DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF SECURITY VULNERABILITIES.

11.2 No Business Results Guarantee. OMNIPRESENCE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE BUSINESS RESULTS, REVENUE, OR INCOME YOU MAY ACHIEVE USING THE PLATFORM.

11.3 Third-Party Services. OMNIPRESENCE IS NOT RESPONSIBLE FOR THE PERFORMANCE, AVAILABILITY, OR CONDUCT OF ANY THIRD-PARTY SERVICES YOU CONNECT TO THE PLATFORM.

11.4 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY FLORIDA LAW, OMNIPRESENCE TOTAL LIABILITY TO YOU FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID TO OMNIPRESENCE IN THE THREE MONTHS PRECEDING THE CLAIM. OMNIPRESENCE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

12. Indemnification

You agree to indemnify, defend, and hold harmless OmniPresence LLC, its members, officers, employees, and agents from and against any claims, damages, losses, costs, and expenses including reasonable attorney fees arising from your use of the Platform; your content; your violation of these Terms; your violation of any applicable law; any claim by your customers arising from your products, services, or advice; or your infringement of any third-party rights.

13. Governing Law and Dispute Resolution

13.1 Governing Law. These Terms are governed by the laws of the State of Florida without regard to its conflict of law provisions.

13.2 Venue. Any dispute shall be brought exclusively in the state or federal courts located in Pinellas County, Florida.

13.3 Informal Resolution. Before filing any claim, you agree to contact OmniPresence at support@myomnipresence.ai and attempt to resolve the dispute informally for at least 30 days.

13.4 Attorney Fees. OmniPresence reserves the right to seek attorney fees and costs in connection with frivolous or bad-faith claims.

14. General Provisions

14.1 Entire Agreement. These Terms, together with the Privacy Policy, Refund Policy, Prohibited Content and Conduct Policy, and Chargeback Disclosure, constitute the entire agreement between you and OmniPresence.

14.2 Severability. If any provision of these Terms is found unenforceable, the remaining provisions continue in full force.

14.3 No Waiver. OmniPresence failure to enforce any provision does not constitute a waiver of its right to enforce it in the future.

14.4 Updates to Terms. OmniPresence may update these Terms at any time with 30 days notice to your registered email. Continued use after the effective date constitutes acceptance. Material changes will require re-acknowledgment at login.

14.5 Contact. OmniPresence LLC — support@myomnipresence.ai — myomnipresence.ai