Terms of Service

Effective Date: December 15, 2025

Please Read These Terms Carefully

By accessing or using omium's services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

1. Definitions

For purposes of these Terms:

• "omium", "we", "us", or "our" refers to omium.ai, operating the omium observability platform.
• "Service" refers to omium's AI agent observability platform, including all features, tools, APIs, dashboard, documentation, and related services accessible at omium.ai and app.omium.ai.
• "You", "your", or "User" refers to the individual or entity accessing or using the Service.
• "Account" means your omium user account.
• "API" means the application programming interface provided by omium.
• "API Key" means the unique authentication credential issued to you for accessing the Service.
• "Content" means any data, text, information, code, logs, traces, or other materials.
• "Workflow Data" means any Content you submit to the Service for observability and monitoring.
• "Output" means any analytics, insights, or reports generated by the Service based on your Workflow Data.

2. Acceptance of Terms

By creating an account, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website or by email. Your continued use of the Service after such changes constitutes acceptance of the modified Terms.

3. Eligibility and Account Registration

3.1 Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service. By using the Service, you represent that you meet this requirement.

3.2 Account Registration

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your account information
• Keep your credentials secure and confidential
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

3.3 Account Security

You are responsible for maintaining the confidentiality of your API keys and account credentials. omium is not liable for any loss or damage arising from your failure to protect your account information.

4. Service Description

omium is an observability and reliability platform designed for AI agent workflows. The Service enables engineering teams to:

• Trace and monitor AI agent execution
• Diagnose failures and debug multi-agent systems
• Recover and replay failed workflows
• Analyze performance metrics and logs
• Access detailed execution timelines and state snapshots

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice.

5. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe upon intellectual property rights of others
• Transmit malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to the Service or other systems
• Interfere with or disrupt the Service or its infrastructure
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service for competitive analysis or to build competing products
• Resell, sublicense, or redistribute the Service without authorization
• Harass, abuse, or harm other users
• Send spam or unsolicited communications through the Service

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account.

6. API Usage and Technical Requirements

6.1 API Access

Access to the omium API is subject to these Terms and any additional API documentation. You agree to:

• Use API keys only for authorized purposes
• Not share API keys with unauthorized parties
• Comply with rate limits and usage quotas
• Implement proper error handling and retry logic

6.2 Rate Limits

The Service may impose rate limits on API requests. Exceeding these limits may result in temporary or permanent restrictions on your access.

6.3 Service Availability

While we strive for high availability, we do not guarantee uninterrupted access to the Service. Scheduled maintenance and unexpected outages may occur.

7. Payment Terms and Billing

7.1 Pricing

Certain features of the Service require payment. Current pricing is available on our Pricing page. We reserve the right to change pricing with reasonable notice.

7.2 Payment

You agree to pay all fees associated with your selected plan. Payments are processed through our third-party payment processor. You authorize us to charge your payment method for all applicable fees.

7.3 Billing Cycle

Subscriptions are billed in advance on a monthly or annual basis, depending on your selected plan. Your subscription will automatically renew unless cancelled before the renewal date.

7.4 Refunds

Fees are generally non-refundable except as required by law or as explicitly stated in these Terms. Contact us for refund requests related to billing errors.

7.5 Taxes

You are responsible for all applicable taxes. Fees are exclusive of taxes unless otherwise stated.

8. Intellectual Property Rights

8.1 omium's Rights

The Service, including its design, features, code, documentation, and all intellectual property rights therein, are owned by omium. Nothing in these Terms transfers any ownership rights to you.

8.2 Your Rights

You retain all rights to your Workflow Data. By using the Service, you grant omium a limited license to process your Workflow Data solely to provide the Service.

8.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant omium the right to use such feedback without restriction or compensation.

9. Data Privacy and Logging

Our collection and use of your information is governed by our Privacy Policy.

You are responsible for ensuring that your use of the Service complies with applicable data protection laws, including obtaining necessary consents for any personal data you process through the Service.

10. Third-Party Services and Links

The Service may integrate with or contain links to third-party services. We are not responsible for the content, privacy practices, or availability of these third-party services. Your use of third-party services is at your own risk and subject to their terms.

11. Warranties and Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

• The Service will meet your specific requirements
• The Service will be uninterrupted, secure, or error-free
• Results obtained from the Service will be accurate or reliable
• Any errors in the Service will be corrected

12. Limitation of Liability

To the maximum extent permitted by law, omium shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your use or inability to use the Service
• Any unauthorized access to or alteration of your data
• Statements or conduct of any third party on the Service
• Any other matter relating to the Service

Our total liability shall not exceed the amount you paid to omium in the twelve (12) months preceding the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless omium and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your Workflow Data or Content

14. Term and Termination

14.1 Term

These Terms are effective until terminated by either party.

14.2 Termination by You

You may terminate your account at any time by contacting us or using account settings. Termination does not entitle you to refunds for prepaid fees.

14.3 Termination by omium

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Reasons for termination may include:

• Violation of these Terms
• Non-payment of fees
• Suspected fraudulent or illegal activity
• Extended periods of inactivity

14.4 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitations of liability, and indemnification) will survive.

15. Dispute Resolution and Arbitration

15.1 Informal Resolution

Before initiating formal dispute resolution, you agree to contact us to attempt to resolve disputes informally.

15.2 Binding Arbitration

Any disputes arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved through binding arbitration, rather than in court.

15.3 Class Action Waiver

You and omium agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15.4 Exceptions

Either party may seek injunctive relief in any court of competent jurisdiction for violations of intellectual property rights or confidentiality obligations.

16. General Provisions

16.1 Governing Law

These Terms shall be governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

16.2 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and omium regarding the Service.

16.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.

16.4 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

16.5 Assignment

You may not assign these Terms without our prior written consent. omium may assign these Terms without restriction.

16.6 Force Majeure

omium shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.

17. Contact Us

If you have questions or concerns about these Terms of Service, contact us at:

founders@omium.ai