These Terms of Service (the Terms) govern access to and use of the websites, APIs, dashboards, tools and related services provided under the OmevAI name (collectively, the Service).
The contracting service provider is OmevAI. Questions and legal notices may be sent to [email protected].
Important: OmevAI is offered only for business or professional use. OmevAI always uses Customer Content, including inputs and outputs, to train, evaluate, test and improve models and related service systems. There is no customer opt-out from that use. Do not create an account or use the Service if you do not accept it.
By creating an account, accepting these Terms in a direct or partner-embedded flow, purchasing a Product, receiving an API key or using the Service, you agree to these Terms on behalf of the person or organisation identified in the account or Order (Customer, you).
1. Documents included in the agreement
The following policies form part of these Terms:
Our Privacy Policy, Cookie Policy, and Subprocessors and Data Transfers notice explain how information is handled. Eligible Enterprise customers may negotiate a Data Processing Addendum.
If documents conflict, a signed Order Form or negotiated agreement controls only to the extent it expressly changes these Terms. Creem's Buyer Terms control the separate checkout, payment, tax, refund and Creem customer-portal relationship where they conflict with an OmevAI payment provision.
2. Professional eligibility and authority
You may use the Service only if:
- you are acting for purposes relating to a trade, business, craft or profession, including your own independent professional activity;
- you are at least 18 years old and have legal capacity to contract;
- if acting for an organisation, you have authority to bind that organisation; and
- your use is lawful in every jurisdiction applicable to you and is not prohibited by sanctions or export-control rules.
The Service is not offered for personal, family or household use. A person who acts as a consumer is not eligible to create or maintain an account. Nothing in these Terms excludes a protection that applicable law makes mandatory and non-waivable.
3. Accounts, organisations and API keys
You must provide accurate and current account information. You are responsible for:
- activity by your employees, contractors and other authorised users;
- assigning appropriate roles and promptly removing access that is no longer required;
- protecting login links, passwords, session tokens and API keys;
- using separate keys where the Service makes them available; and
- notifying [email protected] promptly of suspected compromise or unauthorised use.
API keys are credentials, not property. They may be rotated, restricted, suspended or revoked to protect security, prevent abuse, enforce the agreement or reflect expiry or cancellation. You may not publish a key, include it in client-side code accessible to the public, sell it, or transfer it except through an OmevAI-authorised integration described below.
4. Authorised integrations
OmevAI may permit an approved platform (Authorised Integration Partner) to present an embedded OmevAI sign-up, checkout and connection flow.
In that flow:
- you contract directly for OmevAI and affirmatively accept the then-current Terms and incorporated policies;
- Creem sells the Product to you as Merchant of Record and processes payment;
- OmevAI issues a unique API key for your account; and
- at your express direction, the key may be transmitted to and stored in your account or workspace on the partner platform so that the partner can use it on your behalf.
The partner does not become the seller of OmevAI merely by providing this integration. Its own platform, content, security and privacy practices are governed by its own terms. You authorise OmevAI to exchange with the selected partner the credential, connection status, entitlement status and limited account information reasonably necessary to establish and maintain the connection. OmevAI will not intentionally provide the partner with unrelated billing details or Customer Content that did not already pass through the partner's interface.
You are responsible for activity through a key you have connected to a partner until the key is disconnected, rotated or revoked. This does not exclude responsibility that applicable law places on OmevAI or the partner for its own security failure or misconduct.
An agency or platform may use the Service internally to produce deliverables for its own customers. It may not sell OmevAI credits, expose a shared or standalone OmevAI API, or represent itself as the merchant or operator of OmevAI unless OmevAI expressly authorises that separate arrangement in writing.
5. Service licence
Subject to the agreement and payment of applicable fees, OmevAI grants you a limited, non-exclusive, non-transferable and non-sublicensable right during the subscription or entitlement period to access and use the Service for your internal business or professional purposes and to provide work product created with the Service to your customers.
This licence does not permit you to:
- copy, modify or create derivative works of Service software except where applicable law cannot exclude that right;
- reverse engineer, decompile or attempt to discover source code, non-public prompts, model weights, routing logic or security controls;
- circumvent quotas, rate limits, billing controls or access restrictions;
- use the Service to build or train a competing routing, inference or model service through systematic extraction;
- rent, lease or resell access, API keys, task allowances or credits; or
- remove proprietary notices.
6. Products, Orders and Service changes
A Product is a subscription, prepaid credit package, usage-based entitlement or other offer displayed on an OmevAI or Creem order page. The order page states the price, currency, billing interval, included allowance, credit validity and other Product-specific terms.
Product names, features, task definitions, model availability and routing may change. OmevAI may update, replace or discontinue features where reasonably necessary for security, law, provider availability or continued product development. For a materially adverse change to a paid Product, OmevAI will provide reasonable notice where practicable and any remedy required by applicable law or the applicable Order.
No service-level agreement, guaranteed response time, availability commitment or dedicated model/provider is included unless stated in a signed Enterprise Order Form. The Service may apply reasonable technical limits, concurrency controls and fair-use protections.
7. Customer Content and mandatory model improvement
Customer Content means inputs, prompts, messages, files, instructions, connector data, configuration supplied by you, and outputs generated for you through the Service.
Your rights, licences, warranties, prohibited-data rules and the 24-month source-content retention limit are set out in the AI and Customer Content Terms.
As a material condition of eligibility, you authorise OmevAI and its service providers to use Customer Content to provide the Service and to train, evaluate, test and improve models and related systems. This use is mandatory and survives termination to the extent described in the AI and Customer Content Terms. If you do not accept this use, you must not submit content, purchase a Product or use the Service.
8. Self-service and Enterprise personal-data boundary
A self-service account must not submit Customer Content containing personal data about any identified or identifiable natural person, whether the person is you or a third party.
Enterprise processing of agreed personal data requires manual use-case review and a signed NDA and Data Processing Addendum before OmevAI activates that processing. Signing a DPA does not permit submission of categories that the AI and Customer Content Terms prohibit absolutely.
Business contact data used to administer an account, payment data handled by Creem, and technical security/usage logs are governed by the Privacy Policy and are not treated as prohibited Customer Content merely because they relate to the account holder.
9. Acceptable use
You and your authorised users must comply with the Acceptable Use Policy. You are responsible for determining whether outputs are suitable, accurate and lawful for your intended use and for providing appropriate human review.
OmevAI may investigate suspected violations and may limit, suspend or terminate access, remove affected content or cooperate with lawful authorities. Where reasonable and safe, OmevAI will notify you and permit cure. Immediate action may be taken for security threats, unlawful conduct, sanctions, non-payment or material risk to OmevAI, its providers, customers or third parties.
10. Fees, Creem and taxes
All purchases are processed by Creem, which acts as Merchant of Record and contractual reseller for the payment transaction. At checkout you also enter into Creem's Buyer Terms. Creem handles the charge, invoice and applicable indirect taxes and operates its customer portal.
Subscription renewal, cancellation, credit expiry, refunds, chargebacks and price changes are described in the Billing and Cancellation Policy. Closing an OmevAI account or disconnecting an integration does not by itself cancel a Creem subscription; use the cancellation method shown in the Creem customer portal unless OmevAI confirms another method.
11. Intellectual property
OmevAI and its licensors retain all rights in the Service, software, APIs, documentation, branding, model and routing systems, evaluation methods, improvements and aggregate service information. Except for the limited rights expressly granted, no rights are transferred to you.
If you provide feedback or suggestions, you grant OmevAI a worldwide, perpetual, irrevocable, royalty-free right to use them without restriction or attribution, provided OmevAI does not publicly identify you without permission.
As between you and OmevAI, you retain rights in inputs and own outputs to the extent applicable law recognises protectable rights in them. Outputs are not guaranteed to be unique; other users may receive similar or identical material. Customer Content remains subject to the mandatory licence in the AI and Customer Content Terms.
12. Confidentiality
Each party may receive non-public information that a reasonable business person would understand to be confidential. The receiving party will use it only for the agreement, protect it with reasonable care and disclose it only to personnel and service providers who need it and are bound to protect it.
Confidential information does not include information that is public without breach, already lawfully known, independently developed without use of the confidential information, or lawfully received from another source. A party may disclose information where legally required after giving notice when lawful and reasonably practicable.
For clarity, the uses of Customer Content expressly authorised in these Terms and the AI and Customer Content Terms, including mandatory model training and disclosure to relevant service providers, are permitted uses and do not by themselves breach this confidentiality section. You must not submit another person's confidential information unless you are authorised to permit all uses described in the agreement.
13. Third-party services and providers
The Service relies on hosting, network, security, authentication, analytics, communication, payment and AI inference providers. It may also connect to services selected by you, including Google properties and Authorised Integration Partners.
OmevAI is responsible for its own contractual obligations but does not control an independently provided third-party service. Your use of a third-party service may be subject to that provider's terms. Provider categories and transfer regions are described in Subprocessors and Data Transfers. Enterprise DPA customers receive the applicable confidential named list before signing the DPA.
14. AI output and service disclaimers
AI systems can produce inaccurate, incomplete, outdated, offensive or non-unique results. OmevAI does not promise that an output is factually correct, free of third-party rights, suitable for publication, or capable of producing a particular search ranking, traffic level, revenue or business outcome.
You must independently review outputs and remain responsible for decisions, publications, citations, claims and actions taken from them. The Service is not a substitute for legal, medical, financial, tax or other licensed professional advice and must not be used to make prohibited high-impact decisions about individuals.
To the maximum extent permitted by law, the Service is provided as is and as available. OmevAI disclaims implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement and uninterrupted or error-free operation. This section does not exclude an express commitment in a signed Order Form or a warranty that cannot lawfully be excluded.
15. Indemnity
You will defend, indemnify and hold harmless OmevAI and its personnel from third-party claims, losses, damages, penalties and reasonable costs arising from:
- Customer Content or your instructions;
- your products, publications or services using an output;
- your breach of the Acceptable Use Policy, prohibited-data rules or applicable law;
- your lack of rights, notice, authority or lawful basis for the authorised uses of Customer Content; or
- activity by your authorised users or an integration connected at your direction.
OmevAI will promptly notify you of a covered claim, permit you to control the defence and settlement, and provide reasonable cooperation at your expense. You may not settle a claim in a way that admits fault by or imposes a non-monetary obligation on OmevAI without written consent. This section applies only to the extent permitted by applicable law.
16. Limitation of liability
To the maximum extent permitted by law:
- neither party is liable for indirect, incidental, special, exemplary or consequential loss, or for lost profit, revenue, business opportunity, anticipated savings, goodwill or data; and
- OmevAI's total aggregate liability arising out of or relating to the Service and the agreement will not exceed the fees actually paid for the Service during the 12 months immediately preceding the event giving rise to the claim.
The exclusions and cap do not apply to fraud, intentional misconduct, gross negligence, death or personal injury, or liability that cannot lawfully be limited. OmevAI's cap does not limit your payment obligations or your responsibility for unlawful Customer Content, absence of necessary rights or lawful basis, prohibited data, credential/payment-data submission or Acceptable Use violations.
Each limitation applies to the maximum extent permitted even if a remedy fails of its essential purpose.
17. Term, suspension and termination
These Terms begin when you first accept them or use the Service and continue while you have an account, active entitlement or surviving obligation.
You may stop using the Service at any time. Subscription cancellation and account closure are separate actions. On request, OmevAI may close the account after verifying authority and resolving outstanding security, legal and payment matters.
OmevAI may suspend or terminate access immediately where reasonably necessary for security, unlawful use, sanctions, material breach, non-payment, provider requirements or protection of the Service or third parties. For other material breaches capable of cure, OmevAI may give reasonable notice and an opportunity to cure.
Upon termination, your Service licence ends and you must stop using keys and interfaces. Provisions concerning payment, Customer Content licences and retention, trained/aggregate artefacts, intellectual property, confidentiality, disclaimers, indemnity, liability, disputes and other provisions that by nature should survive will remain effective.
18. Changes to these Terms
OmevAI may update these Terms for legal, security, product or operational reasons. The updated version and date will be posted at this page. For a materially adverse change affecting an active paid subscription, OmevAI will provide at least 30 days' notice by email, dashboard or another reasonable channel unless an urgent legal or security reason requires faster action.
Continued use after the effective date constitutes acceptance. If you reject a materially adverse update, you must cancel before it takes effect and stop using the Service. An update does not retroactively change a dispute that arose before its effective date.
19. Governing law and disputes
These Terms and non-contractual obligations arising from them are governed by the laws of the Republic of Estonia, without regard to conflict-of-laws rules.
Before filing a claim, a party must send a written description to [email protected] and allow 30 days for good-faith resolution. If unresolved, the courts of the Republic of Estonia, with venue in Harju County Court, have exclusive jurisdiction.
This section does not prevent either party from seeking urgent interim or injunctive relief in a competent court, does not override a forum or protection that mandatory law makes non-waivable, and does not control a dispute arising solely under Creem's separate Buyer Terms.
20. General terms
- Notices. OmevAI may send operational or legal notices to the account email, dashboard or Service. Legal notices to OmevAI must be sent to [email protected].
- Assignment. You may not assign the agreement without OmevAI's prior written consent. OmevAI may assign it in connection with a reorganisation, financing, merger, acquisition or transfer of the relevant business, with notice where required.
- No agency. The parties are independent contractors. The agreement creates no partnership, joint venture, employment, fiduciary or general agency relationship.
- Force majeure. Neither party is liable for delay caused by events beyond reasonable control, except payment obligations already due.
- No waiver. Failure to enforce a provision is not a waiver.
- Severability. If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remainder continues.
- Entire agreement. These Terms, incorporated policies and applicable Orders are the entire agreement about the Service and replace prior understandings on that subject.
- Language. The English version controls. A translation is provided only for convenience unless a signed agreement expressly states otherwise.
- Headings. Headings are for convenience and do not affect interpretation.
21. Contact
Questions, complaints and legal notices: [email protected].