Terms of Service

Last updated: March 24, 2026

These Terms of Service ("Terms") form a legally binding agreement between you (or the entity you represent) and Ombrex AI Inc. ("Ombrex", "we", "us", or "our") governing your access to and use of the platform at ai.ombrex.com and all associated APIs, tools, and services (collectively, the "Service"). By accessing or using the Service, you agree to these Terms.

1. Eligibility and Account Registration

You must be at least 18 years old and legally capable of entering into contracts to use the Service. If you are registering on behalf of a business, you represent that you have the authority to bind that business to these Terms.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately at support@ombrex.com if you suspect unauthorized access.

2. Description of Service

Ombrex AI provides a SaaS platform for deploying AI-powered voice assistants for inbound and outbound telephone calls. Features include call transcription, AI insights, calendar booking, webhook integrations, batch calling campaigns, and billing management. The Service is powered in part by third-party providers including ElevenLabs (voice AI), Amazon Web Services (infrastructure), Stripe (billing), and OpenAI (analytics).

3. Acceptable Use

You agree NOT to use the Service to:

  • Make calls that violate applicable laws, including the TCPA (USA), CASL (Canada), or equivalent regulations in your jurisdiction
  • Call individuals who have not provided consent to be contacted by automated or AI-driven systems
  • Impersonate a human agent without disclosure when required by law
  • Transmit spam, malware, or fraudulent content
  • Conduct robocall campaigns for political purposes without appropriate disclosures
  • Harassment, threats, or any abusive communications
  • Circumvent, disable, or tamper with security features of the Service
  • Reverse engineer, decompile, or extract the source code of the Service
  • Resell or sublicense access to the Service without our written permission
  • Use the Service for any illegal, fraudulent, or unauthorized purpose

We reserve the right to suspend or terminate accounts that violate this policy without prior notice. You are solely responsible for ensuring your use of AI calling complies with all applicable telecommunications regulations.

4. Credits, Billing, and Subscriptions

4.1 Credit System

The Service operates on a prepaid credit model. One credit = one minute of AI call time (approximately). Credits are consumed as calls are processed. Unused credits do not expire while your account remains active.

4.2 Subscriptions

Premium plans include a monthly credit allocation and additional features. Subscriptions are billed on a recurring basis. You may cancel at any time; your plan remains active until the end of the current billing period. No refund is issued for unused time on a cancelled subscription.

4.3 Refunds

Credit purchases are non-refundable except where required by applicable law or at our sole discretion. If you believe a charge was applied in error, contact billing@ombrex.com within 14 days of the charge.

4.4 Price Changes

We may change pricing with at least 30 days' notice by email. Continued use after the effective date constitutes acceptance.

5. Telephone Communications Compliance

You are solely responsible for complying with all laws governing automated telephone calls and AI-driven communications. This includes, without limitation:

  • The Telephone Consumer Protection Act (TCPA) — USA
  • The Canada Anti-Spam Legislation (CASL) — Canada
  • The Privacy and Electronic Communications Regulations (PECR) — UK
  • Applicable regulations under the GDPR for EU residents
  • Do Not Call (DNC) registry compliance in all applicable jurisdictions

Ombrex AI provides the infrastructure but does not vet recipient lists or validate consent on your behalf. You are the "caller of record" and assume all legal liability for calls placed through the Service.

6. Data and Privacy

Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. You represent that you have obtained all necessary consents from individuals whose data (including phone numbers and call recordings) is processed through the Service.

7. Intellectual Property

7.1 Our IP

The Service, including its software, design, AI models, and content, is owned by Ombrex AI Inc. and protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any rights in the Service beyond the limited license to use it.

7.2 Your Content

You retain ownership of content you upload or create (e.g., assistant prompts, knowledge base documents, call recordings from your customers). You grant us a limited, non-exclusive license to process this content solely to provide the Service. We do not use your customer call data to train AI models.

8. Uptime and Service Levels

We target 99.5% monthly uptime for the core API and calling infrastructure. This does not include scheduled maintenance windows (notified at least 24 hours in advance), events caused by third-party providers (ElevenLabs, AWS, Stripe), or force majeure events. We do not provide SLA credits for downtime.

9. Disclaimers and Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

AI-generated content (transcripts, summaries, sentiment analysis) may be inaccurate. You should not rely on AI outputs for medical, legal, financial, or emergency decisions.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OMBREX AI INC.'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID US IN THE 3 MONTHS PRECEDING THE CLAIM. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.

10. Indemnification

You agree to indemnify, defend, and hold harmless Ombrex AI Inc., its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable legal fees) arising out of: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of applicable telephone, privacy, or consumer protection laws; or (d) calls placed to third parties through the Service by you or your users.

11. Termination

You may terminate your account at any time via the dashboard settings. We may terminate or suspend your account immediately if you breach these Terms, engage in fraudulent activity, or fail to pay amounts due. Upon termination, your access to the Service ceases and your data will be deleted per our retention schedule in the Privacy Policy.

12. Governing Law and Disputes

These Terms are governed by the laws of the Province of Ontario, Canada, without regard to its conflict of law rules. Any dispute arising from these Terms shall first be submitted to good-faith negotiation. If unresolved within 30 days, disputes shall be resolved by binding arbitration in Toronto, Ontario under the rules of the ADR Institute of Canada, except either party may seek injunctive relief in court to prevent irreparable harm.

13. Changes to Terms

We may modify these Terms at any time. Material changes will be communicated via email at least 14 days before taking effect. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

14. Contact

Ombrex AI Inc.

2980 Drew Rd, Unit 224

Mississauga, ON, Canada

Email: legal@ombrex.com