Last Updated: April 23, 2025
These Terms of Service ("Terms") govern your access to and use of OmniView's website, products, and services, including our industrial monitoring devices, software applications, and related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.
Please read these Terms carefully before using our Services. If you do not agree to these Terms, you may not access or use the Services.
Throughout these Terms, the following definitions apply:
To access certain features of our Services, you must create an Account. When you register for an Account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account.
You agree to:
OmniView reserves the right to terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading.
OmniView provides industrial monitoring solutions including equipment, software, and services for remote facility monitoring in the energy and mining industries. Our Services may include, but are not limited to:
OmniView offers various subscription plans for our Services. The specific features, limitations, and pricing of each plan are described on our website or in a separate agreement between you and OmniView.
By subscribing to our Services, you agree to pay all fees associated with your selected subscription plan. All payments are due in advance and are non-refundable, except as expressly provided in these Terms or as required by applicable law.
OmniView reserves the right to change the subscription fees upon reasonable notice. If you do not agree to a fee change, your sole remedy is to cancel your subscription before the fee change takes effect.
You agree not to:
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OMNIVIEW DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
OMNIVIEW MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICES OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OMNIVIEW, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES.
IN NO EVENT SHALL OMNIVIEW'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES EXCEED THE AMOUNT PAID BY YOU TO OMNIVIEW FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
You agree to defend, indemnify, and hold harmless OmniView, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from:
These Terms will remain in full force and effect as long as you continue to access or use the Services. You may terminate these Terms at any time by canceling your Account and discontinuing your use of the Services.
OmniView may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination:
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in Houston, Texas, and the judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
OmniView reserves the right, at its sole discretion, to modify or replace these Terms at any time. OmniView will provide reasonable notice of any significant changes. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and OmniView concerning the Services.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
The failure of OmniView to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
You may not assign or transfer these Terms, by operation of law or otherwise, without OmniView's prior written consent. OmniView may assign these Terms at any time without notice or consent.
OmniView shall not be liable for any failure or delay in the performance of its obligations under these Terms arising out of or caused by forces beyond its reasonable control, including, without limitation, acts of God, natural disasters, pandemics, labor disputes, civil disturbances, or acts of war or terrorism.
If you have any questions about these Terms, please contact us at:
OmniView
123 Energy Park Drive
Houston, TX 77001
Email: legal@omniview.com
Phone: (800) 555-0123