TERMS OF SERVICE

Last Updated: March 20, 2025

1. Introduction

These Terms of Service ("Terms") govern your use of the Omaer Bay (Omaer.ai) website and services. By accessing our website or using our services, you agree to these Terms.

2. Services

2.1 Consultation

We provide consulting services as described on our website. Service scope and deliverables may vary based on your needs.

2.2 Service Delivery Process

Service delivery details are communicated separately through our website or booking confirmation.

3. User Responsibilities

3.1 Accurate Information

You agree to provide accurate, current, and complete information when using our services. We rely on this information to deliver effective consultation services.

3.2 Assessment Form Completion

Completing the assessment form is required for us to provide our consultation services. Failure to complete the form may result in rescheduling or cancellation of your consultation.

3.3 Business Customers

These Terms are primarily designed for business-to-business relationships. If you are using our services as a consumer, additional rights may apply under Dutch and EU consumer protection laws.

4. Payment and Pricing

4.1 Free Services

Certain services may be offered at no charge. Free services are provided "as-is" and may be modified or discontinued.

4.2 Paid Services

Paid services require payment as specified in your invoice or service agreement. Custom quotes provided upon request.

4.3 Payment Processing

Payments are processed securely through third-party payment processors. By making a payment, you agree to the terms and conditions of these payment processors.

4.4 Refund Policy

We offer a satisfaction guarantee. If you are not satisfied with your consultation, please contact us within 7 days of your consultation to discuss a refund or additional support.

4.5 Right of Withdrawal

If you are acting as a consumer rather than a business, you have the right to withdraw from this contract within 14 days without giving any reason, in accordance with EU consumer protection laws. However, as our services involve digital content and customized advice, this right may be waived once service delivery has begun with your explicit consent.

5. Intellectual Property

5.1 Our Intellectual Property

All content, features, and functionality of our website, including text, graphics, logos, and code, are owned by Omaer Bay and protected by intellectual property laws, except as noted in section 5.3.

5.2 Consultation Deliverables

The implementation roadmap and recommendations we provide are for your internal business use only. You may not publish, distribute, or sell these materials without our permission.

5.3 Third-Party Logos and Trademarks

Our website displays logos, icons, and trademarks of various technology companies and partners to illustrate our tech stack capabilities and business relationships. These logos and trademarks remain the property of their respective owners and are used for identification and reference purposes only. Their display does not imply any endorsement, sponsorship, or affiliation unless explicitly stated.

We use these third-party logos under fair use principles, industry standard practices for technology service providers, and/or with permission from the trademark owners. If you are a trademark owner and have concerns about how your mark is being displayed, please contact us at legal@omaer.ai.

6. Data Usage and AI Processing

6.1 Data Analysis

You grant us permission to analyze the business information you provide to deliver our consultation services.

6.2 AI Processing

We use artificial intelligence tools to analyze your information and generate recommendations. By using our services, you consent to the processing of your data through these AI tools, subject to the safeguards outlined in our Privacy Policy.

7. Confidentiality

7.1 Client Information

We treat all client information as confidential and will not disclose your business details to third parties except as required to provide our services or as required by law.

7.2 Case Studies and Testimonials

We may request permission to use generalized results and feedback as case studies or testimonials. We will not use your company name, logo, or identifying details without your explicit permission.

8. Limitation of Liability

8.1 Implementation Results

We provide recommendations based on our analysis, but we cannot guarantee specific business outcomes from implementing these recommendations. Results may vary based on implementation, market conditions, and other factors.

8.2 Results and Performance Representations

Any case studies, performance metrics, testimonials, or stated potential savings shown on our website or in marketing materials are illustrative and not guarantees. They are not promises or guarantees of specific outcomes. Actual results will depend on each client’s implementation, resources, data quality, and market conditions. Omaer AI makes no warranties—express or implied—that your results will match those examples.

8.3. Maximum Liability

Our maximum liability for any claims related to our services is limited to the amount you paid for the consultation.

8.3 Applicability

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Dutch law.

9. Termination

We reserve the right to terminate or suspend access to our services for violations of these Terms or for any other reason at our discretion.

10. Changes to Terms

We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on this page and updating the "Last Updated" date.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles. The courts of the Netherlands shall have exclusive jurisdiction over any dispute arising from these Terms.

For consumers within the European Union, you may also have recourse to dispute resolution in your country of residence, as provided by EU law.

12. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions.

13. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Omaer Bay regarding your use of our services.

14. Contact Us

If you have any questions about these Terms, please contact us at legal@omaer.ai.

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