Terms and Conditions
Last Updated: September 2026
1. Acceptance of Terms
Welcome to omphacite.org, operated by Omphacite ("Company," "we," "us," or "our"). These Terms and Conditions (these "Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Omphacite governing your access to and use of the omphacite.org website, platform, and any associated software-as-a-service (SaaS) applications (collectively, the "Service"). By accessing, browsing, registering for, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with any provision of these Terms, you must immediately cease all use of the Service.
Your use of the Service is also governed by our Privacy Policy, available at privacy-statement.php, and our Cookie Policy, available at cookie_notice.php. These policies are incorporated into these Terms by reference. In accordance with the Federal Trade Commission Act § 5, 15 U.S.C. § 45 (FTC Act — unfair/deceptive practices), we are committed to transparent and non-deceptive practices. The Service operates under a notice-and-choice model; however, we require explicit opt-in consent for selling or sharing personal information as required by the California Consumer Privacy Act as amended by the CPRA — 'Do Not Sell or Share My Personal Information' / Global Privacy Control obligations (Cal. Civ. Code § 1798.120, § 1798.135), and for tracking children under 13 as mandated by 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).
If you are using the Service on behalf of a business entity, you represent and warrant that you have the legal authority to bind that entity to these Terms, and in such event, "you" and "your" shall refer to both you individually and that entity. Furthermore, if you initiate any recurring subscription or negative-option feature, you expressly consent to the billing terms in accordance with the Restore Online Shoppers' Confidence Act, 15 U.S.C. §§ 8401-8405 (ROSCA). We reserve the right to refuse access to the Service to any person who does not meet these requirements or whose prior conduct indicates a likelihood of violating these Terms.
2. Use of Service
Subject to your ongoing compliance with these Terms, Omphacite grants you a personal, limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business or personal purposes. The Service is provided on a software-as-a-service (SaaS) basis, meaning it is hosted remotely and accessed via the internet. You may not sublicense, assign, or distribute your access rights to any third party. Any use of the Service in violation of applicable laws or these Terms will result in the immediate revocation of this license.
We strive to maintain high standards of data protection and privacy. Our practices comply with the Health Insurance Portability and Accountability Act (HIPAA) where applicable, and the Gramm-Leach-Bliley Act, 15 U.S.C. §§ 6801-6809 (GLBA) for financial institutions, should you process such regulated data through the Service. Furthermore, we adhere to the requirements of various state comprehensive privacy laws, including the California Consumer Privacy Act as amended by the California Privacy Rights Act (CPRA) (Cal. Civ. Code § 1798.100 et seq.), the Virginia Consumer Data Protection Act (Va. Code § 59.1-575 et seq.), the Colorado Privacy Act (C.R.S. § 6-1-1300 et seq.), the Connecticut Data Privacy Act (Conn. Gen. Stat. § 42-515 et seq.), the Utah Consumer Privacy Act (Utah Code § 13-11-101 et seq.), and other State comprehensive privacy laws (TX, OR, MT, FL, TN, etc.). These statutes provide consumers with specific rights regarding their personal data, which are further detailed in our Privacy Policy.
The Service may occasionally be unavailable due to maintenance, updates, or circumstances beyond our control. We do not guarantee that the Service will be uninterrupted, error-free, or completely secure. While we utilize industry-standard technologies to protect your data, no method of transmission over the internet or electronic storage is 100% secure. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other security breach.
3. User Obligations
As a condition of your use of the Service, you agree to abide by all applicable local, state, national, and international laws and regulations. You must not use the Service to engage in any unlawful, fraudulent, or malicious activity. This includes, but is not limited to, infringing upon the intellectual property rights of others, transmitting unauthorized commercial communications (spam), deploying malicious code, or attempting to gain unauthorized access to our systems or another user's data.
You must comply with all applicable wiretapping and electronic communications laws, including the Electronic Communications Privacy Act, 18 U.S.C. § 2511 (limited application), and relevant state wiretapping/cpw statutes (e.g., California Invasion of Privacy Act § 631, session-replay litigation). You are strictly prohibited from using the Service to unlawfully intercept, record, or monitor electronic communications without the consent of all parties involved where required by law. Furthermore, you must not use the Service to collect, store, or process personal information in violation of applicable privacy laws, including selling or sharing personal information without proper opt-in consent where required.
You are solely responsible for all content and data you upload, submit, or transmit through the Service ("User Content"). You represent and warrant that you possess all necessary rights to your User Content and that it does not violate any law or third-party rights. Omphacite assumes no liability for User Content and reserves the right to remove or restrict access to any User Content that we believe violates these Terms or is otherwise harmful. You agree to indemnify us against any claims arising out of your User Content or your breach of your obligations under these Terms.
4. Intellectual Property Rights
All right, title, and interest in and to the Service, including but not limited to the software, source code, object code, user interface, graphics, text, and documentation, 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. The Uniform Commercial Code (UCC) Article 2 as adopted by the states, and where applicable, the Uniform Computer Information Transactions Act (UCITA, adopted only in MD/VA/LA), govern aspects of this transaction, though these Terms shall control in the event of a conflict.
These Terms do not grant you any right, title, or interest in the Service except for the limited license expressly granted herein. You may not copy, modify, distribute, sell, lease, or reverse engineer any part of the Service. Any feedback, suggestions, or ideas you provide regarding the Service may be used by us without any obligation of compensation or attribution to you. We retain all rights to improvements, modifications, and derivative works based on such feedback.
Trademarks, service marks, logos, and trade names of Omphacite (including omphacite.org) are our exclusive property. You may not use these marks without our prior written consent. Any unauthorized use of our intellectual property is strictly prohibited and may result in legal action. We reserve the right to take all necessary steps to protect our intellectual property rights to the fullest extent of the law.
5. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Omphacite, its officers, directors, employees, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost data, business interruption, or reputational harm, arising out of or in any way connected with your access to or use of (or inability to access or use) the Service. This limitation applies regardless of the legal theory of liability, whether in contract, tort, strict liability, or otherwise, and even if we have been advised of the possibility of such damages.
Furthermore, Omphacite's total aggregate liability for any claims arising out of or relating to these Terms or the Service, regardless of the form of action, shall not exceed the greater of (a) the amount you have paid to us for the Service in the twelve (12) months preceding the claim, or (b) one hundred U.S. dollars ($100.00). You acknowledge that the limitations of liability set forth in this section are an essential basis of the bargain between the parties and that absent these limitations, the pricing and provision of the Service would be substantially different.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law. You agree that the limitations and exclusions of liability provided in these Terms are reasonable and fair, given the nature of the Service and the fees charged.
6. Disclaimers
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. Omphacite DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Service will meet your specific requirements, that it will be error-free or uninterrupted, or that the results obtained from the use of the Service will be accurate or reliable.
Any data or information accessed through the Service is provided for informational purposes only and should not be considered professional advice. We do not guarantee the accuracy, completeness, or timeliness of any information provided. Your reliance on any such information is strictly at your own risk. We reserve the right to modify, suspend, or discontinue any part of the Service at any time without notice, and we assume no liability to you or any third party for such modifications, suspensions, or discontinuances.
No oral or written information or advice provided by Omphacite or its representatives shall create a warranty not expressly stated in these Terms. You assume all risks associated with the use of the Service, including but not limited to the risk of data loss or device damage. We strongly recommend that you maintain regular backups of your data and use appropriate security measures to protect your devices and information.
7. Indemnification
You agree to defend, indemnify, and hold harmless Omphacite, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees and costs, arising out of or in any way connected with: (a) your access to or use of the Service; (b) your violation of these Terms; (c) your violation of any law or the rights of a third party, including intellectual property and privacy rights; or (d) your User Content.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses. You may not settle any matter without our prior written consent. This indemnification obligation will survive the termination of your account and these Terms.
Our indemnification rights are in addition to, and not in lieu of, any other rights or remedies we may have under these Terms or applicable law. If you are a business entity, your indemnification obligations extend to your employees, agents, and contractors who use the Service on your behalf. We may seek injunctive relief to stop any activity that we believe causes immediate harm to us or third parties, in addition to our right to seek indemnification.
8. Governing Law
These Terms and any dispute arising out of or relating to them shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to its conflict of law provisions. You and Omphacite agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Delaware, except as otherwise provided in the Dispute Resolution section below.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to these Terms. Furthermore, the Uniform Computer Information Transactions Act (UCITA, adopted only in MD/VA/LA) shall not apply to the extent it conflicts with these Terms or the laws of the State of Delaware. We make no representation that the Service is appropriate or available in locations outside the United States, and accessing the Service from territories where its contents are illegal is strictly prohibited.
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect. Our failure to enforce any right or provision of these Terms at any time shall not be considered a waiver of such right or provision.
9. Dispute Resolution
Any controversy, claim, or dispute arising out of or relating to these Terms or the Service shall be resolved through final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Delaware, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You and Omphacite agree that the arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration provision.
YOU AND Omphacite AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND EXPRESSLY WAIVE ANY RIGHT TO BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. This class action waiver is a material term of these Terms.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights or confidential information. Cross-border consumer protection cooperation is facilitated by the SAFE WEB Act permanently reauthorized 2015 (21st Century DOJ/Apps Act-era codification, 15 U.S.C. § 8401 note), which allows for enhanced enforcement against unfair and deceptive practices. You acknowledge that you have had the opportunity to review this dispute resolution clause and understand its implications.
10. Termination
Omphacite may suspend or terminate your access to the Service at any time, with or without cause or notice. Upon termination, your right to use the Service will immediately cease. You may terminate your account at any time by following the instructions within the Service or by contacting us at [email protected]. Termination will not relieve you of any obligation to pay fees accrued prior to the termination date.
All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability. Following termination, we may immediately delete your data and User Content without liability, though we may retain certain information as required by law or for legitimate business purposes as described in our Privacy Policy.
If we terminate your account for cause, we will provide notice via the email associated with your account. You are responsible for all fees incurred up to the date of termination. If you cancel a recurring subscription, the cancellation will take effect at the end of the current billing cycle, and no refunds will be issued for the remaining period, except where required by law or explicitly stated in a separate agreement.
11. Changes to Terms
Omphacite reserves the right to modify or revise these Terms at any time. We will notify users of material changes by posting the updated Terms on this page and updating the "Last Updated" date at the top. For certain material changes, we may also provide notice via email or a prominent notice within the Service. Your continued use of the Service following the effective date of any changes constitutes your acceptance of the revised Terms.
If you do not agree to the modified Terms, you must discontinue using the Service. We encourage you to review these Terms periodically to stay informed of any updates. The Privacy Policy and Cookie Policy may also be updated from time to time, and such updates will be effective upon posting. We are not obligated to provide prior notice for non-material changes.
Any changes to these Terms will not alter the dispute resolution provisions or the class action waiver without your express consent. If we make changes that adversely affect your rights, we will provide you with advance notice and an opportunity to terminate your account before the changes take effect, in accordance with applicable laws such as the Restore Online Shoppers' Confidence Act, 15 U.S.C. §§ 8401-8405 (ROSCA).
12. Contact Information
If you have any questions, concerns, or requests regarding these Terms or the Service, please contact us using the information provided below:
- Company: Omphacite
- Email: [email protected]
- Phone: +18069624858
- Address: 350 Fifth Avenue, New York, NY 10118, United States
Our legal department is available to address any formal notices or inquiries. We aim to respond to all legitimate requests within 30 days, as required by various state privacy laws. For privacy-specific inquiries, such as requests to opt-out of the sale or sharing of personal information under the California Consumer Privacy Act as amended by the CPRA, please refer to our Privacy Policy or submit your request directly through the designated mechanisms outlined therein.
By providing your contact information and using the Service, you consent to receive communications from us regarding your account and the Service. You may opt out of marketing communications at any time by following the unsubscribe link in our emails or contacting us directly. Please note that transactional and account-related communications may still be sent to you as necessary for the operation of the Service.