OmniXon Terms of Use

1. Introduction

These Terms of Use ("Terms") govern your access to and use of OmniXon's website, products, and managed services. By accessing or using our services, you agree to these Terms and any applicable service order, subscription, or agreement.

2. Definitions

• OmniXon means OmniXon Ltd. and its affiliates.
• Customer means the entity that purchases or subscribes to OmniXon services.
• Services means OmniXon VM, XaaS Marketplace, AIOps, hybrid orchestration, managed operations, and related offerings.
• Marketplace means the platform where third‑party applications are offered.

3. Access and Use

Eligibility: You must be authorized to bind the organization you represent.

Account: Customers are responsible for maintaining account credentials and for all activity under their accounts. Notify OmniXon immediately of unauthorized use.

Acceptable Use: You will not use Services for illegal activities, to violate export controls, or to interfere with others' use. OmniXon may suspend access for violations or security risks.

4. Service Orders and Subscriptions

Services are provided under separate service orders or subscription agreements that specify scope, fees, SLAs, and term. These Terms apply to all such orders. OmniXon may offer a free 1–6 month PoC under specific terms; PoC results do not guarantee production performance unless accepted in a production agreement.

5. Fees and Payment

Fees are set out in the applicable order. Payment terms, taxes, and invoicing are specified in the order. Late payments may incur interest or suspension of services.

6. License and Restrictions

OmniXon grants Customers a limited, non‑exclusive, non‑transferable license to use the Services as described in the order. Customers may not reverse engineer, decompile, or attempt to extract source code from OmniXon software, except to the extent permitted by law.

7. Customer Data and Privacy

Customer retains ownership of Customer Data. OmniXon processes Customer Data to provide Services and as described in the Privacy Statement. For managed services, OmniXon will access telemetry and logs necessary for operations; such access is governed by the Privacy Statement and the service order.

8. Security and Compliance

OmniXon implements security measures and supports sovereign deployments to meet data residency and regulatory requirements. Customers must follow recommended security practices and maintain control of their credentials and perimeter.

9. Third‑Party Software and Marketplace

Marketplace applications are provided by third parties. OmniXon does not warrant third‑party apps; customers contract with app providers under separate terms. OmniXon may remove apps that pose security or compliance risks.

10. Warranties and Disclaimers

Limited Warranty: OmniXon warrants that it will provide Services in a professional manner consistent with industry standards. Specific performance commitments are set out in the service order.

Disclaimer: Except as expressly stated, OmniXon disclaims all other warranties, whether express or implied, including merchantability, fitness for a particular purpose, and non‑infringement.

11. Limitation of Liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages. OmniXon's aggregate liability for direct damages arising from the Services will not exceed the fees paid by the Customer under the applicable order in the 12 months preceding the claim. This cap does not apply to liability for gross negligence, willful misconduct, or breach of confidentiality.

12. Confidentiality

Each party will protect the other's confidential information with the same care it uses for its own. Confidential information includes technical, business, and pricing information. Confidentiality obligations survive termination.

13. Term and Termination

Term is defined in the service order. Either party may terminate for material breach if the breach is not cured within a specified period. Upon termination, OmniXon will, at Customer's option, return or delete Customer Data per the order and Privacy Statement.

14. Export Controls and Sanctions

Customers must comply with applicable export laws and sanctions. OmniXon may restrict access to Services to comply with legal obligations.

15. Governing Law and Dispute Resolution

The governing law and dispute resolution forum are specified in the service order. For customers in the UAE, OmniXon may offer DIFC‑based contracts where applicable.

16. Changes to Terms

OmniXon may update these Terms. Material changes will be communicated to customers with reasonable notice. Continued use after notice constitutes acceptance.

17. Miscellaneous

Assignment: Customers may not assign rights without OmniXon's consent, except to an affiliate or in connection with a sale of substantially all assets.

Entire Agreement: These Terms, together with service orders and the Privacy Statement, constitute the entire agreement.

Severability: If a provision is unenforceable, the remainder remains in effect.

18. Contact

For legal notices, data subject requests, or other inquiries contact info@omnixon.cloud or your account manager.