The All-in-One Growth Platform Built for Local Businesses—Fully Set Up and Managed for You.

TERMS OF SERVICE

Effective Date: August 23, 2026

Last Updated: August 23, 2026

Company Name: Omen ("Company," "we," "us," or "our")

Website: https://omenhq.com

Contact Email: [email protected]

1. ACCEPTANCE OF TERMS

By accessing or using the Omen platform, purchasing a software subscription, submitting an onboarding form, or utilizing any related services, tools, workflows, or integrations provided by Omen (collectively, the "Services"), you ("Client," "Subscriber," "you," or "your") agree to be legally bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a chiropractic clinic, wellness practice, corporation, or other legal entity, you represent and warrant that you possess the full legal authority to bind such entity to these Terms. If you do not agree to all terms and conditions set forth herein, you must immediately discontinue access and use of the Services.

2. NATURE OF SERVICE & STRICT NON-EHR / NON-MEDICAL DISCLAIMER

Omen provides business-to-business (B2B) marketing automation software, customer relationship management (CRM) tools, landing page hosting, appointment inquiry management, review generation workflows, and digital communication software.

- Marketing & Operational Software Only: Omen is strictly a marketing and operational productivity software. Omen is NOT an Electronic Health Record (EHR), Electronic Medical Record (EMR), Practice Management System (PMS), or certified clinical repository.

- No Medical Practice or Clinical Oversight: Omen does not provide medical, diagnostic, healthcare, or clinical services. The Services are not designed, certified, or intended to support clinical decision-making, patient diagnoses, emergency medical dispatches, or medical charting.

- Artificial Intelligence & Automated Agents: The Services utilize automated conversational and artificial intelligence agents (including Voice AI, messaging chatbots, and review reply bots) for administrative routing, lead qualification, and scheduling. Omen does not warrant that AI-generated responses will be error-free. Client is solely responsible for monitoring, configuring, and overseeing AI agent behavior and outputs within its sub-account.

- External Clinical Paperwork: Client agrees that all formal patient medical intake forms, medical histories, symptom trackers, pain diagrams, and clinical chart records must be hosted and processed exclusively via Client's certified third-party EHR/EMR software.

3. STRICT PROHIBITION OF PROTECTED HEALTH INFORMATION (PHI) & HIPAA POLICY

Where an express, standalone Business Associate Agreement (BAA) has been executed in writing between Omen and the Client, Omen acts as a Business Associate solely for administrative communications and appointment scheduling:

- Prohibition of Direct Clinical PHI: Client agrees NOT to collect, upload, store, transmit, or process comprehensive clinical diagnostic files or Electronic Protected Health Information (ePHI) outside of permitted administrative scheduling parameters.

- Prohibited Data Categories: Prohibited data includes, but is not limited to:

* Medical diagnoses, treatment notes, doctor clinical observations, and therapy records.

* Medical history questionnaires, pain rating scales, and symptom intake surveys.

* Diagnostic imaging, X-ray files, lab results, and patient medical charts.

* Health insurance policy IDs, claim records, and billing diagnostic codes.

* Government identification numbers (e.g., Social Security Numbers) and full Date of Birth paired with medical information.

- Permitted Administrative Data: Permitted data within Omen is strictly restricted to basic marketing and administrative contact information: First Name, Last Name, Mobile Phone Number, Email Address, general requested appointment windows, and non-clinical promotional campaign tags.

- Breach & Account Suspension: Any unauthorized submission of clinical PHI into the Platform constitutes a material breach of these Terms, subjecting the offending sub-account to immediate suspension, data purging, or termination without refund.

4. CLIENT DATA HANDLING, SELF-IMPORTS, & LIST HYGIENE

- Sole Control of Uploads: Client retains sole responsibility for all contact data, customer lists, spreadsheets, and files imported into Client's sub-account.

- Data Scrubbing Obligation: Prior to importing any existing patient database or CSV file into Omen, Client covenants and agrees to scrub and remove all medical notes, symptom fields, insurance data, and diagnostic codes, formatting the file strictly to standard administrative contact fields (First Name, Last Name, Phone, Email).

- Agency Shield: Client acknowledges that Omen does not extract, process, or possess raw EHR clinical records on behalf of Client. Client executes all database imports independently via the sub-account dashboard.

5. TELEPHONY, MESSAGING, & TCPA / A2P 10DLC COMPLIANCE

Client assumes full responsibility for all outbound communications (SMS, MMS, email, voice broadcasts, and AI voice calls) transmitted through the Platform:

- TCPA & Consent Compliance: Client represents and warrants that it has secured all legally required express written consents and opt-ins under the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and CTIA guidelines before initiating automated messaging campaigns.

- A2P 10DLC Brand Registration: Client agrees to provide accurate legal entity information for mobile carrier A2P 10DLC brand and campaign registration. Omen is not liable for carrier filtering, message delivery failures, or fines resulting from inaccurate registration or spam behavior.

- Prohibited Content: Client shall not transmit messages containing cannabis/CBD references, gambling, adult content, predatory financial offers, hate speech, or any content prohibited by mobile network carriers.

- Mandatory Opt-Out Honoring: Client must honor all opt-out keywords (STOP, UNSUBSCRIBE, CANCEL, QUIT, END) immediately upon receipt.

6. BILLING, SUBSCRIPTIONS, & REFUND POLICY

- Subscription Model: Access to the Services is provided on a recurring subscription basis (monthly or annually) billed in advance through our third-party payment processor (Stripe).

- Automatic Renewal: Subscriptions automatically renew at the end of each billing cycle unless cancelled prior to the renewal date via the customer billing portal or by written notice to [email protected].

- Usage-Based Charges (Telephony, AI, & Email): Outbound SMS, MMS, telephony minutes, AI generation credits, carrier registration fees, and email sending volumes exceed base subscription pricing and are rebilled directly based on actual platform consumption.

- No Refunds: All subscription fees, onboarding setup fees, and usage charges are non-refundable. Omen does not provide prorated refunds or credits for partial subscription periods, unused platform capacity, or account downgrades.

7. ACCOUNT SUSPENSION, DATA RETENTION, & CANCELLATION

- Cancellation by Client: Client may cancel their subscription at any time through billing settings. Access continues through the conclusion of the paid billing period.

- Suspension by Omen: Omen reserves the right to immediately suspend or terminate access without notice if Client breaches these Terms, violates carrier messaging policies, fails to pay subscription fees, or attempts to store prohibited medical records (PHI).

- Data Retention & Deletion: Upon cancellation or termination, Client is solely responsible for exporting all contact data, pipeline records, and assets. Omen retains customer sub-account data for thirty (30) calendar days following account closure, after which sub-account data, automations, and configurations are permanently deleted from our servers.

8. INTELLECTUAL PROPERTY & LICENSE GRANT

- Platform Ownership: Omen and its licensors retain all right, title, and interest in and to the platform architecture, underlying software code, proprietary snapshot configurations, pre-built workflows, funnels, email/SMS copy templates, AI agent prompts, and visual brand assets.

- Limited License: Subject to active subscription status, Omen grants Client a non-exclusive, non-transferable, revocable license to use the Platform and provided templates solely for Client’s internal business operations at designated practice locations.

- Restrictions: Client shall not reverse-engineer, decompile, resell, duplicate, distribute, export, or create derivative works of Omen's proprietary snapshots or workflow configurations for external third parties or non-subscribed clinic locations.

9. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. OMEN SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. OMEN DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF CARRIER DELIVERY DELAYS, OR THAT ALL MARKETING CAMPAIGNS WILL GENERATE SPECIFIC REVENUE OR PATIENT VOLUME OUTCOMES.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OMEN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR THIRD-PARTY SUB-PROCESSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF DATA, CARRIER FINES, TCPA STATUTORY PENALTIES, OR HIPAA REGULATORY ENFORCEMENT ACTIONS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES.

OMEN’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CLIENT TO OMEN IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. INDEMNIFICATION

Client agrees to defend, indemnify, and hold harmless Omen, its parent companies, subsidiaries, affiliates, officers, directors, employees, and licensors from and against any and all claims, damages, obligations, losses, liabilities, regulatory investigations, fines, costs, or debt, and expenses (including reasonable attorneys' fees) arising from:

- Client’s access to and use of the Services;

- Client’s violation of any provision of these Terms or the Privacy Policy;

- Client’s violation of any third-party right, including intellectual property, privacy, TCPA, or consumer protection laws;

- Any unauthorized upload, storage, or transmission of Protected Health Information (PHI) into the Platform by Client, its personnel, or its patients;

- Any dispute between Client and any patient, prospective lead, or third party.

12. GOVERNING LAW & DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or related to these Terms shall be instituted exclusively in the federal or state courts located in New York County, New York, and each party irrevocably submits to the exclusive jurisdiction of such courts.

13. MODIFICATIONS TO TERMS

Omen reserves the right to modify, amend, or replace these Terms at any time at its sole discretion. Material modifications will be notified via email or platform announcement. Continued access or use of the Services following the posting of any revisions constitutes full acceptance of the updated Terms.

14. CONTACT INFORMATION

For inquiries, contract notices, or compliance questions regarding these Terms, please contact:

Omen

Email: [email protected]

Website: https://omenhq.com