Terms of Service

Last Updated: April 30, 2026

1. Introduction

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.

2. Definitions

Throughout these Terms, the following definitions apply:

  • "OmniView", "we", "us", or "our" refers to OmniView, Inc., its subsidiaries, affiliates, officers, directors, employees, agents, and contractors.
  • "You" or "your" refers to the individual or entity accessing or using the Services.
  • "Account" refers to your registered account with OmniView that allows you to access and use certain Services.
  • "Content" refers to any information, data, text, software, graphics, messages, or other materials that can be accessed through our Services.
  • "Equipment" refers to the physical monitoring devices and hardware provided by OmniView as part of the Services.

3. Account Registration and Security

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:

  • Immediately notify OmniView of any unauthorized use of your Account or any other breach of security;
  • Ensure that you log out from your Account at the end of each session when accessing the Services; and
  • Not share your Account credentials with any third party.

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.

4. Service Description

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:

  • Solar-powered monitoring devices;
  • AI-enabled monitoring software;
  • Web and mobile applications for accessing monitoring data;
  • Alert and notification systems;
  • Data storage and analysis;
  • Technical support and maintenance.

4.1 SMS alerts

By enabling SMS alerts, you agree to receive automated text messages from OmniView regarding system monitoring and critical alerts. You may opt-out at any time by replying STOP. For assistance, reply HELP or contact support@omni-view.ai. Message and data rates may apply. Message frequency depends on your account activity and well monitoring triggers.

5. Subscription Plans and Payment

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.

10. Acceptable Use

You agree not to:

  • Use the Services in any way that violates any applicable law or regulation;
  • Use the Services for any illegal or unauthorized purpose;
  • Attempt to gain unauthorized access to any portion of the Services or any other systems or networks connected to the Services;
  • Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without the express written permission of OmniView;
  • Use the Services to transmit any malware, spyware, or other malicious code;
  • Interfere with or disrupt the integrity or performance of the Services;
  • Attempt to decompile, reverse engineer, disassemble, or hack the Services, or defeat or overcome any encryption technology or security measures implemented by OmniView;
  • Collect or harvest any information from the Services, including personal information, without OmniView's express written permission.

11. Disclaimer of Warranties

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.

12. Limitation of Liability

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.

13. Indemnification

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:

  • Your use of the Services;
  • Your violation of these Terms;
  • Your violation of any third-party rights, including without limitation any intellectual property rights or privacy rights;
  • Any claim that your use of the Services caused damage to a third party.

14. Term and Termination

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:

  • Your right to use the Services will immediately cease;
  • You must return or destroy all copies of the Equipment in your possession;
  • OmniView will retain your data for a reasonable period unless you request deletion in accordance with our Privacy Policy;
  • All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Governing Law and Dispute Resolution

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.

16. Changes to Terms

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.

17. Miscellaneous

17.1 Entire Agreement

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.

17.2 Severability

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.

17.3 Waiver

The failure of OmniView to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

17.4 Assignment

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.

17.5 Force Majeure

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.

18. SMS/Text Messaging Terms

By opting into OmniView’s alerting service, you agree to receive automated text messages from OmniView (SLS Alerting) to the mobile number provided at the time of opt-in. These messages include critical system notifications, site status updates, and team recognition alerts.

Cost & Frequency: Message and data rates may apply. Message frequency varies based on system triggers and user alert settings. OmniView does not charge a separate fee for this service.

How to Opt-Out: You can cancel the SMS service at any time. Just text "STOP" to the number from which you received the message. After you send the message "STOP," we will send you a final SMS to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from that specific program unless you re-register.

How to Get Help: If you are experiencing issues with the messaging program, you can reply with the keyword "HELP" for more assistance, or contact our support team directly at support@omni-view.ai.

Carrier Liability: Mobile carriers are not liable for delayed or undelivered messages.

Consent: Consent to receive automated text messages is not a condition of purchase or any other service agreement with OmniView.

For information on how we handle your data, please see our Privacy Policy.

19. Contact Information

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

OmniView
123 Energy Park Drive
Houston, TX 77001
Email: legal@omni-view.ai
Phone: (800) 555-0123