Terms of Service

Last Updated: September 2026

Welcome to omphacite.org (the "Service"), operated by Omphacite ("Company," "we," "us," or "our"). By accessing, registering for, or using the Service in any manner, you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms of Service (these "Terms"), our Privacy Policy available at privacy-statement.php, and our Cookie Policy available at cookie_notice.php, each of which is incorporated herein by reference. If you do not agree with any provision of these Terms, you must not access or use the Service. These Terms constitute a legally binding agreement between you and Omphacite governing your use of the Service. We recommend that you print or save a copy of these Terms for your records.

1. Service Description

omphacite.org is a software-as-a-service (SaaS) platform provided by Omphacite that enables users to access cloud-based software tools, applications, and related functionality via the omphacite.org website and associated interfaces (collectively, the "Service"). The Service is intended for business and professional use, and provides users with tools to manage workflows, data, and digital operations depending on the subscription plan selected. The specific features, modules, and capabilities available to you will depend on the plan you subscribe to and may evolve over time as described in Section 8 (Service Modifications).

The Service is provided on a subscription basis and is accessible through a supported web browser or compatible application programming interface (API). We do not guarantee that the Service will be uninterrupted, error-free, or available at all times, and we may modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, as further described in Section 8. The Service is not intended for use by individuals under the age of 18, and we do not knowingly collect personal information from children under 13 in compliance with the Children's Online Privacy Protection Act, 15 U.S.C. §§ 6501-6506 (COPPA) and the COPPA Rule as amended effective June 2025 (16 C.F.R. Part 312, 2025 amendments).

By using the Service, you represent and warrant that you are at least 18 years of age, that you have the legal capacity to enter into a binding contract, and that if you are using the Service on behalf of a business entity, you have the authority to bind that entity to these Terms. You further acknowledge that Omphacite may offer different tiers of service, and that certain features may require additional fees or separate agreements. Any such additional services will be governed by these Terms unless a separate written agreement is executed between you and Omphacite.

2. User Accounts

To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate and current. You are solely responsible for maintaining the confidentiality and security of your account credentials, including any passwords, API keys, and access tokens, and you agree to notify Omphacite immediately at [email protected] if you become aware of any unauthorized access to or use of your account.

You are fully responsible for all activities that occur under your account, whether or not you authorized such activities. Omphacite is not liable for any loss or damage arising from unauthorized access to your account. We may, in our sole discretion, suspend or terminate your account if we suspect any breach of security, unauthorized use, or violation of these Terms. You agree to use commercially reasonable efforts to prevent unauthorized access to your account and to comply with all applicable laws, including those governing data protection such as the California Consumer Privacy Act as amended by the CPRA (Cal. Civ. Code § 1798.100 et seq.) and other applicable state comprehensive privacy laws.

If you are an administrator or primary account holder for an organization, you are responsible for managing user access within your organization, including adding, removing, and assigning permissions to authorized users. You agree to indemnify Omphacite for any actions taken by users you invite or permit to access the Service under your account. Account transfers, mergers, or assignments require prior written consent from Omphacite and may be subject to additional terms.

3. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in a manner that does not violate any applicable federal, state, local, or international law or regulation. Your use of the Service must comply with the Federal Trade Commission Act § 5, 15 U.S.C. § 45 (FTC Act — unfair/deceptive practices), which prohibits unfair or deceptive acts or practices in or affecting commerce, as well as all other applicable consumer protection laws. You may not use the Service in any way that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service.

You agree not to: (a) access or use the Service in any manner that could reasonably be expected to harm, disrupt, or impair the Service or any third-party system; (b) attempt to gain unauthorized access to any portion of the Service, other accounts, or computer systems or networks connected to the Service; (c) use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission; (d) introduce any virus, worm, Trojan horse, or other malicious code into the Service; or (e) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software comprising the Service, except to the extent permitted by applicable law.

You further agree to comply with all applicable export control and sanctions laws, including those administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC). You represent that you are not located in, under the control of, or a national or resident of any country subject to comprehensive U.S. sanctions, and that you are not on any restricted party list. Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account and may expose you to civil or criminal liability.

4. Prohibited Activities

In addition to the restrictions set forth in the Acceptable Use Policy, the following activities are expressly prohibited while using the Service. Engaging in any prohibited activity may result in immediate account suspension, termination, and/or legal action. The following list is non-exhaustive, and Omphacite reserves the right to determine, in its sole discretion, what constitutes a violation:

  • Using the Service to transmit, store, or process any content that is unlawful, defamatory, harassing, infringing, or otherwise objectionable;
  • Uploading, posting, or distributing any content that infringes the intellectual property rights, privacy rights, or other proprietary rights of any third party;
  • Using the Service to send unsolicited commercial communications, spam, or phishing attempts;
  • Attempting to circumvent any authentication, security, or access control measures of the Service;
  • Reselling, sublicensing, or redistributing access to the Service without prior written authorization from Omphacite;
  • Using the Service to violate the Gramm-Leach-Bliley Act, 15 U.S.C. §§ 6801-6809 (GLBA) or any other financial services regulation, if applicable to your use case;
  • Using the Service in any manner that violates the Health Insurance Portability and Accountability Act (HIPAA) where applicable, without entering into a separate Business Associate Agreement;
  • Interfering with or disrupting the Service, servers, or networks connected to the Service, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Service.

Omphacite reserves the right, but has no obligation, to monitor, investigate, and take appropriate action regarding any prohibited activity. We may report violations to law enforcement or regulatory authorities when we believe, in good faith, that such reporting is warranted or legally required. Nothing in these Terms shall be construed as obligating Omphacite to actively monitor user activity for compliance.

5. Content Ownership

As between you and Omphacite, you retain all right, title, and interest in and to any content, data, files, materials, or information that you upload, submit, or otherwise transmit through the Service ("User Content"). Omphacite does not claim ownership of your User Content. However, by submitting User Content to the Service, you grant Omphacite a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, use, process, display, reproduce, and distribute your User Content solely for the purpose of operating, providing, maintaining, and improving the Service.

All right, title, and interest in the Service, including all software, interfaces, documentation, trademarks, logos, designs, and other proprietary materials, are and shall remain the exclusive property of Omphacite and its licensors. The Service is protected by United States and international intellectual property laws, including copyright, trademark, and patent laws. Nothing in these Terms grants you any right, title, or interest in the Service except for the limited right to use the Service in accordance with these Terms. Any rights not expressly granted herein are reserved by Omphacite.

You represent and warrant that you own or have obtained all necessary rights, licenses, and consents to submit your User Content to the Service and to grant the licenses described above. You further represent that your User Content does not and will not violate any applicable law or the rights of any third party, including intellectual property rights, privacy rights, or contractual rights. Omphacite may remove or disable access to any User Content that it believes, in its sole discretion, violates these Terms or applicable law.

6. User-Generated Content

The Service may allow users to create, upload, share, or otherwise generate content that is visible to other users or the public ("User-Generated Content" or "UGC"). Omphacite does not endorse, verify, or take responsibility for the accuracy, completeness, or legality of any UGC. You are solely responsible for any UGC you submit, and you assume all risks associated with its publication. Omphacite acts as a passive intermediary and does not exercise editorial control over UGC.

You agree not to submit any UGC that: (a) is false, misleading, or fraudulent; (b) infringes any third-party intellectual property or other rights; (c) contains personal or confidential information about another person without their consent; (d) is defamatory, obscene, indecent, abusive, or constitutes hate speech; (e) promotes illegal activity or provides instructions for illegal acts; or (f) contains malware, viruses, or other harmful code. Omphacite reserves the right to remove, hide, or restrict access to any UGC at any time, without notice or liability, if we believe it violates these Terms or poses a risk to the Service or its users.

You acknowledge that Omphacite may retain copies of UGC even after deletion, as required by law or for legitimate business purposes such as audit, legal hold, or dispute resolution. If you believe any UGC on the Service infringes your intellectual property rights, you may submit a takedown notice under the Digital Millennium Copyright Act (DMCA) to [email protected]. We will process such notices in accordance with applicable law and our designated agent procedures.

7. Payment Terms

Access to certain features of the Service requires payment of subscription fees. By subscribing to a paid plan, you agree to pay all applicable fees as described on the Service or in a separate order form. Fees are billed in advance on a recurring basis (monthly or annually, depending on your plan) and are non-refundable except as expressly provided in these Terms or required by applicable law. All payments are processed through third-party payment processors, and Omphacite does not store your full payment card information.

You authorize Omphacite to automatically charge your designated payment method for all recurring fees until your subscription is cancelled. If a payment is declined or fails, we may suspend your access to the Service until payment is successfully processed. You are responsible for keeping your payment information current. Pricing and fee structures may change upon renewal, and we will provide notice of any material price increase at least 30 days before the renewal date, in accordance with the Restore Online Shoppers' Confidence Act, 15 U.S.C. §§ 8401-8405 (ROSCA) and applicable state negative-option billing laws.

All fees are exclusive of applicable taxes, which you are responsible for paying unless you provide a valid tax exemption certificate. If you wish to cancel your subscription, you may do so through your account settings or by contacting [email protected]. Cancellation will take effect at the end of the current billing cycle, and you will retain access to the Service until that time. Any disputes regarding charges must be reported to Omphacite within 60 days of the charge date. These payment terms are governed by the Uniform Commercial Code (UCC) Article 2 as adopted by the states, to the extent applicable, and the Uniform Computer Information Transactions Act (UCITA) where adopted (MD/VA/LA).

8. Service Modifications

Omphacite reserves the right to modify, update, enhance, suspend, or discontinue the Service, or any feature or component thereof, at any time and without prior notice. We may release new features, change existing functionality, or retire certain tools as part of our ongoing product development. While we strive to provide advance notice of material changes where feasible, we are not obligated to do so except where required by law or by a separate written agreement.

We may also modify these Terms from time to time. When we do, we will update the "Last Updated" date at the top of this page. If we make material changes to these Terms, we will provide notice through the Service or via email to the address associated with your account. Your continued use of the Service after any such changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue use of the Service and, if applicable, cancel your subscription before the effective date of the changes.

Omphacite shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service. We will use commercially reasonable efforts to minimize disruption, but we cannot guarantee that any specific feature will remain available indefinitely. We encourage you to maintain backup copies of your User Content, as we are not responsible for any loss of data resulting from Service modifications or discontinuation.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Omphacite, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF Omphacite HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF Omphacite FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU HAVE PAID TO Omphacite FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00). THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

You acknowledge that the Service is provided on an "as is" and "as available" basis, with all faults and without any warranty of any kind. Omphacite expressly disclaims all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Omphacite does not warrant that the Service will be error-free, secure, or available at all times, or that any defects will be corrected. The limitations and exclusions in this Section apply to the fullest extent permitted by applicable law, including the Federal Trade Commission Act § 5, 15 U.S.C. § 45 (FTC Act — unfair/deceptive practices), which prohibits unfair or deceptive practices but does not create a private right of action.

10. Termination

You may terminate your account and stop using the Service at any time by following the instructions in your account settings or by contacting us at [email protected]. Upon termination, all licenses and rights granted to you under these Terms will immediately cease, and you will lose access to the Service and any User Content stored therein, subject to any data retention periods required by law or described in our Privacy Policy.

Omphacite may suspend or terminate your account and these Terms, and block or restrict access to the Service, at any time, with or without cause, and with or without prior notice. Without limiting the foregoing, we may terminate your account immediately if we determine, in our sole discretion, that you have violated any provision of these Terms, engaged in any prohibited activity, or posed a risk to the Service, other users, or Omphacite. Upon termination by us for cause, no refunds will be issued.

All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to provisions regarding ownership, warranty disclaimers, indemnification, limitation of liability, payment obligations, and dispute resolution. Termination of your account does not relieve you of any obligation to pay fees accrued prior to termination. If you have any questions about termination, you may contact us at [email protected] or +18069624858.

11. Contact Information

If you have any questions, concerns, or notices regarding these Terms of Service, the Service, or your account, please contact Omphacite using the following contact information:

  • Company: Omphacite
  • Email: [email protected]
  • Phone: +18069624858
  • Address: 350 Fifth Avenue, New York, NY 10118, United States

Notices to Omphacite may be sent by email or certified mail to the address above. We will make reasonable efforts to respond to your inquiries within a commercially reasonable timeframe. For legal notices, including subpoenas, court orders, or other legal process, please send a copy to the address above, attention: Legal Department. Omphacite does not accept electronic signatures for legal notices unless expressly agreed in writing.

These Terms of Service, together with the Privacy Policy at privacy-statement.php and the Cookie Policy at cookie_notice.php, constitute the entire agreement between you and Omphacite regarding the Service and supersede all prior or contemporaneous agreements, communications, and understandings, whether written or oral. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.