Last Updated: November 30, 2022
This Agreement is between Omni Analytics, Inc. and the company or person accessing or using the Product. This Agreement consists of: (1) the Order Form and (2) the Key Terms, both of which are on the Cover Page below, and (3) the Common Paper Cloud Service Agreement Standard Terms Version 1.0 (“Standard Terms”). If you signed a separate Cover Page to access the Product with the same account, and that agreement has not ended, the terms below do not apply to you. Instead, your separate Cover Page applies to your use of the Product. Any modifications to the Standard Terms made in the Cover Page will control over conflicts with the Standard Terms. Capitalized words have the meanings or descriptions given in the Cover Page or the Standard Terms.
If you are accessing or using the Product on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company. By signing up, accessing, or using the Product, Customer indicates its acceptance of this Agreement and agrees to be bound by the terms and conditions of this Agreement.
- Cloud Service: Omni is the business intelligence platform that combines the consistency of a shared data model with the freedom of SQL.
- Subscription Start Date: The Effective Date
- Subscription Period: 1 year(s)
- Non-Renewal Notice Period: At least 30 days before the end of the current Subscription Period.
- Technical Support: Omni will make commercially reasonable efforts to provide basic technical support and availability for the Subscription Service.
- Cloud Service Fees: Customer will pay Omni the non-refundable fees as set forth in the relevant Order Form.
- Payment Period: 30 day(s) from Customer's receipt of invoice
- Invoice Period: Annually
Customer: The company or person who accesses or uses the Product. If the person accepting this Agreement is doing so on behalf of a company, all use of the word "Customer" in the Agreement will mean that company.
Provider: Omni Analytics, Inc.
Effective Date: The date Customer first accepts this Agreement.
- Provider Covered Claims: Any action, proceeding, or claim that the Cloud Service, when used by Customer according to the terms of the Agreement, violates, misappropriates, or otherwise infringes upon anyone else’s intellectual property or other proprietary rights.
- Customer Covered Claims: Any action, proceeding, or claim that (1) the Customer Content, when used according to the terms of the Agreement, violates, misappropriates, or otherwise infringes upon anyone else’s intellectual property or other proprietary rights; or (2) results from Customer’s breach or alleged breach of Section 2.1 (Restrictions on Customer).
General Cap Amount: 0.5 times the fees paid or payable by Customer to provider in the 12 month period immediately before the claim
Governing Law: The laws of the State of California
Chosen Courts: The state or federal courts located in California
- For Provider: email@example.com
- For Customer: The main email address on Customer's account
Changes to the Standard Terms
- Publicity Rights: Modifying Section 14.7 of the Standard Terms, Provider may identify Customer and use Customer’s logo and trademarks on Provider’s website and in marketing materials to identify Customer as a user of the Product. Customer hereby grants Provider a non-exclusive, royalty-free license to do so in connection with any marketing, promotion, or advertising of Provider or the Product during the length of the Agreement.