REGISTER LOGIN
Terms & Conditions

Terms & Conditions

ACCEPTANCE OF TERMS

iOmniHub (HEREINAFTER REFERRED TO AS “PLATFORM”/ “MOBILE APPLICATION”) IS A WEBSITE AND MOBILE BASED CLIENT COMMUNICATION INTEGRATION PLATFORM OWNED AND OPERATED BY INFOCOMM GROUP LLC, HAVING OFFICE AT KNOWLEDGE OASIS MUSCAT, KOM 5, LOWER GROUND FLOOR. RUSAYL. SULTANATE OF OMAN. (HEREINAFTER REFERRED TO AS “INFOCOMM / IOMNIHUB”/ “WE”/ “US”/ “OUR”).

INFOCOMM GROUP LLC provides a Software as a Service (SaaS) based “Conversation Cloud” that allows our customers to store, manipulate, analyze and transfer messages between their business systems and their customers on a variety of INFOCOMM provided and third party messaging channels (the “Service”). A “Customer” is an entity with whom INFOCOMM and its partners has an agreement to provide the Service.

INTRODUCTION

This Terms of Service (the “Agreement”) is an agreement between the Customer and INFOCOMM / IT’S PARTNERS, together the “Parties” and each, a “Party”, and is entered the date the Customer signs up for a account through the iOmniHub website (the “Effective Date”). If you register for an iOmniHub account, you acknowledge your understanding of these terms and enter the Agreement on behalf of Customer.

BY USING ANY ELEMENT OF THE INFOCOMM GROUP LLC (INCLUDING THE WEBSITE), CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ, ACCEPTS AND AGREES TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT, AS AMENDED FROM TIME TO TIME. IF CUSTOMER DOES NOT ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT, CUSTOMER WILL IMMEDIATELY CEASE ANY FURTHER USE OF THE INFOCOMM GROUP LLC SOLUTION, INCLUDING USE OF ANY PART THEREOF. CUSTOMER REPRESENTS AND WARRANTS TO INFOCOMM THAT CUSTOMER HAS THE CAPACITY TO ENTER INTO THIS LEGALLY BINDING AGREEMENT. IF CUSTOMER IS USING THE INFOCOMM ON BEHALF OF ANOTHER PERSON, CUSTOMER HEREBY REPRESENTS AND WARRANTS TO INFOCOMM THAT CUSTOMER HAS THE AUTHORITY TO BIND SUCH PERSON TO THIS AGREEMENT.

  • Personal Data that we collect about you

    Personal Data is any information that relates to an identified or identifiable individual. The Personal Data that you provide directly to us through our Sites will be apparent from the context in which you provide the data. In particular:

    • When you register for a Front account we collect your full name, email address, and account log-in credentials.
    • When you fill-in our online form to contact our sales team, we collect your full name, work email, country, and anything else you tell us about your project, needs and timeline.
    • When you use the "Remember Me" feature of Front Checkout, we collect your email address, payment card number, CVC code and expiration date.
    • When you respond to Front emails or surveys we collect your email address, name and any other information you choose to include in the body of your email or responses. If you contact us by phone, we will collect the phone number you use to call Front. If you contact us by phone as a Front User, we may collect additional information in order to verify your identity.

  • Information that we collect automatically on our Sites

    We also may collect information about your online activities on websites and connected devices over time and across third-party websites, devices, apps and other online features and services. We use Google Analytics on our Sites to help us analyze Your use of our Sites and diagnose technical issues.

    To learn more about the cookies that may be served through our Sites and how You can control our use of cookies and third-party analytics, please see our Cookie Policy.

    “Administrator Accounts” as defined in section 9. “Administrative User” means an individual who is an employee or contractor of Customer and that Customer wishes to have access to and use of the INFOCOMM Platform. “Business” means either the Customer or Customer’s Client, as the case may be. “Integrated Product” means any of the following: (i) Customer Application, (ii) Custom-Integrated Business Applications, and (iii) Pre-Integrated Third Party Business Applications. “Chat Participant” means an individual who communicates with a Business (a “User”) or on behalf of a Business (an “Agent”) through the INFOCOMM Platform. “Conversation” means an exchange of any number of sent or received INFCOCOMM Messages between an individual Integrated Product and a Chat Participant in a month.. “Customer Account” as defined in section 9. “Customer Application” means any software application or web site developed by Customer using or integrating with the iOmniHub SDK or APIs under the license terms of this Agreement. “Customer’s Client” means any client of the Customer. “Customer Data” means any data, information, content, records, and files that Customer (or any of its Administrative Users, Customers Clients or Chat Participants) loads, receives through, transmits to or enters into the iOmniHub Platform, and any data, information, content, records and files that the iOmniHub Platform obtains from Customer’s servers or systems or from third parties on Customer’s behalf, including any and all intellectual property rights in any of the foregoing. “Custom-Integrated Business Applications” means any business software applications used by Customer to interoperate with the iOmniHub Platform through the iOmniHub API, where such software has been integrated with the iOmniHub API by Customer, but which software, for greater certainty, excludes Pre-Integrated Third Party Business Applications and Customer Application(s). “Messaging Channels” means either (i) web, iOS, Android or other messaging channel enabled by a iOmniHub SDK, (ii) SMS or email that is integrated with the iOmniHub Solution, or (iii) a Third Party Messaging Platform that is integrated with the iOmniHub Solution. “Modifications” means modifications, improvements, customizations, updates, enhancements, aggregations, compilations, derivative works, translations, adaptations, and results from processing (including analyses, reports, databases, datasets, recommendations, and visual representations) in any form or medium, and “Modify” has a corresponding meaning. “Personal Data” means any information relating to an identified or identifiable natural person any information relating to an identified or identifiable natural person (“Data Subject”) “Pre-Integrated Third Party Business Applications” means third party business software used by Customer to interoperate with the iOmniHub Platform, where such software is already integrated with the iOmniHub Platform and is made available to Customer on the iOmniHub Website. “Services” means the services provided by iOmniHub to Customer that facilitates the communication between a Business and Chat Participants through a variety of Messaging Channels, as more particularly described on the iOmniHub Website. “iOmniHub API” means the application programming interface, sample source code, tools, webhooks, instructions, documentation, other materials, and any Modifications thereto, made available by iOmniHub to Customer to assist Customer in developing its Customer Application that interoperates with the iOmniHub Platform. “iOmniHub Message” means any communication sent or received between a Chat Participant and a Integrated Product using any component of the iOmniHub Solution. “iOmniHub Platform” means the software, hardware, and systems used by iOmniHub to host and make the Services available for Customer’s use, including the Website, and any Modifications thereto. “iOmniHub Property” is defined in section 5. “iOmniHub SDKs” means the software development kits made available by iOmniHub for the development of software applications for each of iOS, Android, the web, and any Modifications thereto or future versions launched by iOmniHub for other platforms, that interoperate with the iOmniHub Platform, and “iOmniHub SDK” means any one of the foregoing software development kits, as the context requires.

    “iOmniHub Solution” means:

    • the iOmniHub Platform;
    • the iOmniHub API;
    • the iOmniHub SDKs,
    • any Modifications to the preceding.

    “iOmniHub Website” means any websites used by iOmniHub to provide the iOmniHub Services, including the website located at https://iomnihub.ai. “Third Party Messaging Platforms” means any third party platform that may be used by Chat Participants to transmit and receive messages with a Business, including but not limited to Facebook Messenger, WeChat, LINE, Telegram, Viber, and other platforms that iOmniHub may support in the future.

iOmniHub PLATFORM

Provisioning of the iOmniHub Platform. Subject to Customer’s compliance with the terms and conditions of this Agreement, iOmniHub will make the iOmniHub Platform available to Customer on the terms and conditions set out in this Agreement, provided that: (i) Customer has read and accepted and is in compliance with its obligations under the applicable terms of use related to all applicable Third Party Messaging Platforms, Pre-Integrated Third Party Business Applications, and Custom-Integrated Business Applications; and (ii) has taken all steps as necessary to enable interoperability between the iOmniHub Platform and all applicable Third Party Messaging Platforms, Pre-Integrated Third Party Business Applications, and Custom-Integrated Business Applications, including acquiring the necessary approvals and API keys, whether directly or via Customer’s Clients, to access these messaging channels as a business.

LICENSE TO iOmniHub API

License to iOmniHub API. Subject to Customer’s compliance with the terms and conditions of this Agreement, iOmniHub grants to Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable right and license during the Term to use the iOmniHub API solely (i) to enable the Customer Application to interoperate with the iOmniHub Platform or (ii) for developing or enabling Custom-Integrated Business Applications that will only be used by Customer to interoperate with the iOmniHub Platform in accordance with the terms of this Agreement and any other policies and guidelines published by iOmniHub from time to time.

LICENSE TO SOFTWARE DEVELOPMENT KITS; EULA FOR CUSTOMER APPLICATION; REQUIREMENTS FOR CUSTOMER APPLICATION

License Grant to Software Development Kit. Subject to Customer’s compliance with the terms and conditions of this Agreement, iOmniHub grants to Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable right and license during the Term to: download, install and use the iOmniHub SDK from the iOmniHub Website and other sites linked from the iOmniHub Website solely to develop functionality within Customer Applications for facilitating communications between a Business and the Chat Participants through the iOmniHub Platform in accordance with the terms of this Agreement and any other policies or guidelines published by iOmniHub from time to time; embed within the Customer Application the redistributable components of the iOmniHub SDK in object code form; Additionally, iOmniHub grants Customers on paid subscriptions a limited, non-exclusive, non-transferable, non-sublicensable, revocable right and license during the Term to: distribute the iOmniHub SDK to Customer’s Clients solely to enable Customer’s Clients to develop functionality in its software for facilitating communications between such Customer’s Clients and Chat Participants through the iOmniHub Platform in accordance with the terms of this Agreement and any other end-user license agreements, policies or guidelines published by iOmniHub from time to time. End-User License Agreement for Customer Applications. Customers may permit Chat Participants to use Customer Applications to communicate with Customers through the iOmniHub Platform. Customers will enter into an end-user license agreement (“EULA”) with such Chat Participants as a condition of such Chat Participant’s use of any Customer Applications. Customers will ensure that the EULA contains terms that are no less protective of iOmniHub and the iOmniHub Platform as the terms of this Agreement. Data Retention. iOmniHub will retain the history of every Conversation accessible for retrieval by Customer for a minimum of thirty (30) days.

TRADEMARK LICENSE

During the Term, Customer hereby grants to iOmniHub a worldwide, non-exclusive, non-transferable and non-sub-licensable (other than to affiliates) royalty-free licence to use Customer’s trademarks and logos made available to iOmniHub by Customer as part of this Agreement, solely in connection with the marketing, advertising, and promotion of the iOmniHub Solution, including listing the Customer and the Customer Application on the iOmniHub Website; and only in accordance with Customer’s reasonable trademark usage guidelines, as updated by Customer from time to time. Customer may require iOmniHub to cease using Customer’s trademarks and logos if, in the reasonable opinion of Customer, the continued display of Customer’s trademarks and logos would cause a materially adverse effect on Customer’s image and the goodwill associated therewith. During the Term, iOmniHub grants to Customer a limited, non-exclusive, non-transferable and non-sub-licensable (other than to affiliates) royalty-free licence to use iOmniHub’s trademarks and logos made available to Customer by iOmniHub as part of this Agreement, solely in connection with the marketing, advertising, and promotion of the iOmniHub Solution, and only in accordance with iOmniHub’s reasonable trademark usage guidelines, as updated by iOmniHub from time to time. iOmniHub may require Customer to cease using the iOmniHub’s trademarks and logos if, in the reasonable opinion of iOmniHub, the continued display of the iOmniHub’s trademarks and logos would cause a materially adverse effect on iOmniHub’s image and the goodwill associated therewith.

RESERVATION OF RIGHTS

iOmniHub expressly reserves all rights, title, and interest in, and Customer will not acquire any right, title or interest in:

  • the iOmniHub Solution (or any part thereof) and any other materials or content provided by iOmniHub under this Agreement, including any and all Modifications to any of the foregoing; and
  • all intellectual property rights in any of the foregoing (clauses (i) and (ii) are collectively, the “iOmniHub Property”), in each case, subject to the license rights expressly granted under Section 2, 3, 4(a).

All right, title and interest in the iOmniHub Property will remain with iOmniHub (or iOmniHub’s third party suppliers, as applicable). For greater certainty, the iOmniHub Property is licensed and not “sold” to customers. Customer shall retain all right, title, and interest to any modifications, extensions, or derivative works of the iOmniHub SDKs that Customer develops or has developed on its behalf (such modifications, extensions or derivative works, the “Customer Derivative Works”). The foregoing does not prevent iOmniHub from exploiting any iOmniHub Property, including any independently developed future developments, modifications, adaptations, changes, derivative works or new works, even if the foregoing is similar or functionally identical to the Customer Derivative Works. Accordingly, Customer will not assert, whether directly or indirectly, any of its intellectual property rights in or to the Customer Derivative Works against iOmniHub or any customers or clients of iOmniHub.

iOmniHub’s RIGHT TO USE CUSTOMER DATA

Customer acknowledges and agrees that iOmniHub may store, use, reproduce, Modify, and transfer to its subcontractors, Customer Data, including Personal Data, solely in connection with delivering the Services under this Agreement. Customer further acknowledges and agrees that iOmniHub may store, use, reproduce, Modify, and transfer data that is not related to an identified or identifiable natural person, including aggregated or de-identified data, without limitation, for its internal business purposes, including but not limited to such purposes as analytics, quality assurance, product and service improvement, and new product and service development. Customer agrees to cause any Administrative User, Customer’s Client, and Chat Participant to agree to the same terms as this Section 7.

PRIVACY

Customer understands that Personal Data, including Administrative Users, Customer’s Client and Chat Participants, will be treated in accordance with iOmniHub’s Privacy (the “Privacy Policy”). Furthermore, iOmniHub agrees to observe the privacy and data protection requirements outlined in iOmniHub’s Service Data Privacy Statement (the “Service Data Privacy Statement”) when processing data on behalf of Customer during provision of the Service. The Privacy Policy, including the Service Data Privacy Statement, is hereby incorporated by reference and forms part of this Agreement.

CUSTOMER ACCOUNTS; USE RESTRICTIONS

Customer Accounts. Upon Customer’s request, iOmniHub will issue one or more administrator accounts (the “Administrator Accounts”) to Customer that provides Customer with the capability to create accounts for use by individuals who are an employee or contractor of Customer and that Customer wishes to have access to and use of the iOmniHub Platform (each, an “Administrative User”). Customers will ensure that Administrative Users only use the iOmniHub Platform through their Customer Account. Customers will not share the Administrator Accounts with any other person and will not allow Administrative Users to share their Customer Account with any other person. Customers will promptly notify iOmniHub of any actual or suspected unauthorized use of the iOmniHub Platform. iOmniHub reserves the right to suspend, deactivate, or replace any Customer Account or Administrator Accounts if it determines that the Customer Account or Administrator Account, as applicable, may have been used for an unauthorized purpose. Use Restrictions. Customer acknowledges and agrees that it is responsible for the activities and communications of all Administrative Users and Chat Participants on the iOmniHub Platform, and the compliance by all Administrative Users, Customer’s Clients and Chat Participants with this Agreement, and any guidelines and policies published by iOmniHub from time to time. Without limiting the generality of any of the foregoing, Customer will not, and will not permit any other person (including any Administrative Users, Customers Clients or Chat Participants) to: use the iOmniHub Platform to send, upload, collect, transmit, store, use, disclose or process, or ask iOmniHub to obtain from third parties or perform any of the above with respect to, any Customer Data: that contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; that Customer or the applicable Administrative User, Customer’s Client or Chat Participant does not have the lawful right to send, upload, collect, transmit, store, use, disclose, process, copy, transmit, distribute and display; that is false, intentionally misleading, or impersonates any other person; that is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual; that is harmful to minors in any way or targeted at persons under the age of 16; that violates any applicable laws, or infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity); or that encourages any conduct that may violate, any applicable laws or would give rise to civil or criminal liability; disable, overly burden, impair, or otherwise interfere with servers or networks connected to the iOmniHub Platform (e.g., a denial of service attack); attempt to gain unauthorized access to the iOmniHub Platform; use any data mining, robots, or similar data gathering or extraction methods, or copy, Modify, reverse engineer, reverse assemble, disassemble, or decompile the iOmniHub Solution or any part thereof or otherwise attempt to discover any source code, except as expressly provided for in this Agreement; use the iOmniHub Solution for the purpose of building a similar or competitive product or service; or use the iOmniHub Solution other than as permitted by this Agreement; Fair Use Policy. The iOmniHub Solution is intended to facilitate communications between Chat Participants and a Business in the context of marketing, selling and supporting the Business’ products and services. While iOmniHub sets no limits on the number of iOmniHub Messages that can be exchanged between any given Chat Participant and any given Business, in aggregate no Business shall exceed an average of 50 iOmniHub Messages per Active User Conversation in any given month. Such usage of the iOmniHub Platform exceeds any reasonable expectations of use and shall be deemed a violation of the terms of this Agreement and the Customer will immediately terminate the applicable Business rights and access to the iOmniHub Solution or pay excess usage fees as defined by iOmniHub.

EMAIL & WEB SUPPORT

Customer will generally have access to iOmniHub’s technical support from 8:00am to 6:00pm on weekdays (other than holidays observed by iOmniHub) through email support, or through the web site using our chat widget.

FEES AND PAYMENT

Fees. Customers will pay to iOmniHub the applicable fees described on the iOmniHub Website (the “Fees”) during the Term in accordance with the payment terms set out herein. Third Party Messaging Platform Fees. For greater clarity, iOmniHub’s Fees do not include any charges that may be assessed by Third Party Messaging Platforms for access to or use of a channel. Such charges shall be the responsibility of Customer, whether paid directly to the Third Party Messaging Platforms or whether such access is resold through iOmniHub, in which case iOmniHub shall advise Customer in writing as to the applicable charges and Customer shall have the right to accept such charges or decline them and not use the associated channel. In the event a Third Party Messaging Platforms imposes special requirements on iOmniHub beyond API integrations, including but not limited to hosting endpoints unique to that channel, then iOmniHub shall have the right to charge Customer for this additional service and Customer shall have the right to accept such charges or decline them and not use the associated channel. Payment Terms: All Fees shall be in U.S. Dollars; iOmniHub shall charge and invoice Customer the applicable Fees, in advance, by credit card, on the Effective Date and on every monthly anniversary thereafter; Subject to section 11(d) below, payment obligations hereunder are not subject to any set-off or withholding rights whatsoever, any and all of which are hereby expressly waived by Customer. Disputed Invoices or Charges. If Customer in good faith disputes any portion of a iOmniHub invoice or charge, Customer may provide a dispute notice to iOmniHub with written documentation identifying and substantiating the disputed amount within fifteen (15) days from receipt of the applicable invoice or charge, and if applicable, at the time it pays the undisputed portion of such invoice, withhold payment of such disputed portion. If Customer does not report or does not provide such substantiating documentation within that period, Customer shall be deemed to have waived its right to dispute any and all portions of that invoice. For greater certainty, Customer shall pay all undisputed amounts of that invoice in accordance with section 10 (b) above. Furthermore, upon any such failure all outstanding amounts shall become due and payable without further delay. Certain Taxes. The Fees set out in this Agreement do not include applicable taxes, duties, withholdings, tariffs, levies, customs, capital or income taxes or other governmental charges or expenses, including but not limited to value added tax, sales tax, consumption tax and similar taxes or duties as well as any current or future municipal, state, federal or provincial taxes, and Customer will pay, indemnify and hold harmless iOmniHub from same, other than taxes based on the net income or profits of iOmniHub.

CONFIDENTIAL INFORMATION

Definitions. For purposes of this Agreement, a Party receiving Confidential Information (as defined below) will be the “Recipient” and the Party disclosing such information will be the “Disclosure'' and “Confidential Information” means any and all information of Disclosure disclosed by Disclosure to Recipient or otherwise coming into the possession of Recipient during the Term that is marked as “confidential” or that a reasonable person would understand to be confidential; provided that Discloser’s Confidential Information does not include, except with respect to Personal Information:

  • information already known or independently developed by Recipient outside the scope of this relationship by personnel not having access to any Discloser’s Confidential Information;
  • information that is publicly available through no wrongful act of Recipient; or
  • information received by Recipient from a third party who was free to disclose it without confidentiality obligations. Notwithstanding the foregoing the terms and conditions of this Agreement and all iOmniHub Property (including any part thereof), whether marked as “confidential” or not, will be iOmniHub’s Confidential Information will not be Customer’s Confidential Information. Confidentiality Covenant.

Recipient hereby agrees that during the Term and at all times thereafter it will not:

  • disclose such Confidential Information of the Disclosure to any person, except to its own personnel or affiliates having a “need to know” and that have entered into written agreements no less protective of such Confidential Information than this Agreement, and to such other recipients as the Disclosure may approve in writing;
  • use Confidential Information of the Disclosure except to exercise its license rights or perform its obligations under this Agreement; or
  • alter or remove from any Confidential Information of the Disclosure any proprietary legend. Recipient will be deemed to have discharged its confidentiality obligations under this Section 11 (Confidential Information) if Recipient uses the same degree of care in safeguarding the Confidential Information of Disclosure as it uses in protecting its own confidential information of a similar nature from unauthorized disclosure. Exceptions to Confidentiality.

Not with standing Section 12(b), Recipient may disclose Discloser’s Confidential Information:

  • to the extent that such disclosure is required by applicable law or by the order of a court or similar judicial or administrative body, provided that the Recipient promptly notifies the Disclosure in writing of such required disclosure and cooperates with the Disclosure to seek an appropriate protective order;
  • to its employees, accountants, internal and external auditors, legal counsel and other professional advisors if and to the extent such persons need to know such Confidential Information in order to provide applicable professional advisory services related to iOmniHub’s business; or
  • in the case of iOmniHub, to potential assignees, acquirers or successors of iOmniHub if and to the extent such persons need to know such Confidential Information in connection with a potential sale, merger, amalgamation or other corporate transaction involving the business or assets of iOmniHub.