Terms of Service

Introduction

Welcome to omeganexis Ltd ("we," "our," or "us"). These Terms of Service ("Terms") govern your use of our website, retail loyalty analytics platform, and related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

If you do not agree to these Terms, please do not use our Services. We reserve the right to modify these Terms at any time, and your continued use of the Services after such modifications constitutes acceptance of the updated Terms.

Acceptance of Terms

By accessing, browsing, or using our website or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and omeganexis.

If you are using our Services on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms, and your acceptance of these Terms will be treated as acceptance by that organisation.

Description of Services

omeganexis provides retail loyalty program analytics systems and related services designed to help businesses analyse customer behaviour, improve retention, and optimise their loyalty programs. Our Services include analytics platforms, reporting tools, customer segmentation capabilities, and consulting services.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice. We may also impose limits on certain features or restrict access to parts or all of the Services without notice or liability.

User Obligations

You agree to use our Services only for lawful purposes and in accordance with these Terms. You are responsible for ensuring that your use of the Services complies with all applicable laws, regulations, and industry standards, including data protection and privacy laws.

You must not use our Services to engage in any illegal activities, violate any third-party rights, transmit harmful or malicious code, or attempt to gain unauthorised access to our systems. You are also responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Data and Privacy

Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection and use of your information as described in the Privacy Policy.

You retain ownership of any data you provide to us through the Services. You grant us a licence to use, process, and analyse such data solely for the purpose of providing our Services to you. You represent and warrant that you have all necessary rights and consents to provide such data to us.

Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, software, and analytics algorithms, are owned by omeganexis or our licensors and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable licence to access and use our Services for your business purposes in accordance with these Terms. You may not copy, modify, distribute, sell, or lease any part of our Services without our express written permission.

Payment and Billing

If you subscribe to our paid Services, you agree to pay all applicable fees as described in your service agreement. Fees are typically billed monthly or annually in advance and are non-refundable except as expressly stated in your service agreement.

We reserve the right to change our pricing at any time, but price changes will not affect your current billing cycle. If you fail to pay fees when due, we may suspend or terminate your access to the Services after providing reasonable notice.

Limitation of Liability

To the maximum extent permitted by law, omeganexis shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or relating to your use of our Services.

Our total liability to you for all claims arising out of or relating to these Terms or the Services shall not exceed the amount you paid to us for the Services in the twelve months preceding the claim. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

Disclaimers

Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that our Services will be uninterrupted, error-free, or completely secure. You acknowledge that your use of the Services is at your own risk, and you are solely responsible for any damage to your computer systems or loss of data resulting from such use.

Indemnification

You agree to indemnify, defend, and hold harmless omeganexis and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or relating to your use of the Services, your violation of these Terms, or your violation of any rights of another party.

We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defence of such claims.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Cyprus, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of Cyprus.

If you are a consumer resident in the European Union, you may also have the right to bring proceedings in the courts of your country of residence, and nothing in these Terms affects your rights as a consumer under applicable EU law.

Termination

Either party may terminate these Terms at any time with or without cause. You may stop using our Services at any time, and we may suspend or terminate your access to the Services if you violate these Terms or for any other reason at our sole discretion.

Upon termination, your right to use the Services will cease immediately. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, limitation of liability, and governing law provisions.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the intent of the original provision.

Entire Agreement

These Terms, together with our Privacy Policy and any service agreements you may have with us, constitute the entire agreement between you and omeganexis regarding the use of our Services and supersede all prior or contemporaneous communications and proposals.

Contact Information

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