These Terms and Conditions ("Terms") govern your access to and use of Omnipresence(the "service"), operated by Jumping Ahead Inc. ("we," "us," or "our"). By accessing or using the service, you agree to be bound by these Terms and our Privacy Policy.
1. Acceptance of Terms
By creating an account or using Omnipresence, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the service on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization. You must be at least 18 years old, or the age of majority in your jurisdiction, and use the service for business or professional purposes. If you do not agree, you may not use the service.
We may ask you to affirm specific acknowledgments when you sign up or when these Terms change materially, and we may record your acceptance (see Section 22).
2. Definitions
- Content: the material you provide to the service, including brand inputs, uploaded files, scanned URLs, prompts, ideas, and settings.
- Generated Content: the text, images, and other output the service produces for you.
- AI Provider: the third-party AI model provider(s) we route requests to (currently OpenAI). The AI Provider (not us) provides the underlying AI models and their data-handling practices.
- Platforms: the third-party social media and publishing platforms you connect to or publish through.
3. Description of Service
Omnipresence is an AI-powered platform that learns your brand and generates platform-ready content in your brand voice. The service currently includes:
- Brand analysis and voice profiling from the material you provide.
- AI-generated text and image content for supported platforms.
- Planning, calendar, scheduling, and content-management tools.
- An AI assistant that helps plan and refine your content.
The specific features available to you depend on your plan and may change over time (see Section 6).
4. License to Use the Service
Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to access and use the service for your own internal business purposes. This is a license to use the hosted service only; no rights in the underlying software, models, or systems are granted to you. We reserve all rights not expressly granted here.
5. User Accounts & Security
When you create an account, you agree to:
- Provide accurate, current, and complete information, and keep it up to date.
- Safeguard your account credentials and enable available security features (such as multi-factor authentication where offered).
- Accept responsibility for all activity under your account and for your authorized users.
- Not share credentials or let others access the service through your account.
- Notify us promptly of any suspected unauthorized access.
6. Subscriptions, Plans & Fees
Paid access to Omnipresence is offered on a subscription basis. Your plan, its price, and what it includes are shown at the time of purchase. The following apply:
- Auto-renewal: subscriptions automatically renew at the end of each billing period (monthly or annual) at the then-current price until cancelled. Where required by law, we will send advance renewal reminders and clear cancellation instructions.
- What's included: your subscription includes only the features and usage described for your plan at the time of purchase.
- New and premium features: we continually develop the product. New capabilities (for example, video generation, additional platforms or channels, or higher usage limits) may be offered as separate add-ons, higher-tier plans, or usage-based charges, and are not included in your existing subscription unless we expressly state so. We do not guarantee that any particular future feature will be provided or included in any plan.
- Changes to plans and pricing: we may add, modify, remove, reprice, or introduce usage limits on features and plans at any time. For changes that affect an active subscription, we will provide reasonable notice, and price changes take effect on your next renewal. Your continued use after a change takes effect constitutes acceptance.
- Taxes: fees are exclusive of taxes, which you are responsible for where applicable.
7. Billing, Cancellation & Refunds
Payments are processed by our payment provider, Stripe; your card data is handled by Stripe under its terms and is not stored by us. By starting a subscription (including a free trial), you authorize us (through Stripe) to store your payment method and to charge it on a recurring basis — beginning when any free trial ends — until you cancel.
- 14-day free trial: new subscribers start with a 14-day free trial. We collect your payment method when you sign up in order to start the trial, but you are not charged during it. If you do not cancel before the trial ends, your paid subscription begins automatically and your payment method is charged the then-current price for the plan and billing period (monthly or annual) you selected. You can cancel at any time during the trial from your account settings to avoid any charge. Where required by law, we will remind you before your trial ends. If we are unable to build your brand from your website during signup, we will not start a paid subscription and will not charge you.
- Cancellation: you can cancel at any time from your account settings. Cancelling during your free trial ends access when the trial would have ended and means you are never charged; cancelling a paid subscription stops future renewals, and your access continues until the end of the current paid billing period.
- Account deletion: deleting your account cancels any active subscription immediately. Unused time is not automatically refunded. Anonymized transaction records (without your email or name) may be retained for accounting, tax, and fraud-prevention purposes.
- Refunds: because you can try Omnipresence free for 14 days before any charge, payments are non-refundable except where required by law, and we do not provide refunds or credits for partial billing periods or unused time. We may, at our discretion, resolve individual issues on a case-by-case basis.
- Failed payments: if a payment fails, we may suspend or downgrade your access until the amount owed is paid.
- Billing records & corrections: our records of your usage and charges are our record of the account. You may dispute a demonstrably erroneous or unauthorized charge, and we will correct verified billing errors.
To cancel or request a refund, use your account settings or contact us at hello@omnipresence.online.
8. Acceptable Use
You agree not to, and not to permit any third party to:
- Violate any applicable laws or regulations.
- Infringe the intellectual property or other rights of others, or upload Content you do not have the right to use.
- Generate or transmit harmful, deceptive, unlawful, or abusive content.
- Attempt to gain unauthorized access to our systems or other users' data, or circumvent security controls, metering, or usage limits.
- Interfere with, disrupt, or place undue load on the service.
- Copy, scrape, harvest, or systematically extract the service, its outputs, prompts, or interfaces to build or train a competing product or service.
- Use the service to perform benchmarking, or to derive or replicate our methodologies, models, prompts, workflows, or know-how.
- Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, underlying ideas, algorithms, or structure of the service, except to the extent this restriction is prohibited by applicable law.
- Resell, sublicense, rent, lease, or provide the service to third parties as a service bureau.
- Remove, obscure, or alter any proprietary notices, or use automated means to access the service except as we expressly permit.
You will also comply with the AI Provider's and the Platforms' then-current terms and acceptable-use policies.
9. Prohibited & High-Risk Uses
You are responsible for the data you submit and how you use Generated Content. You will not:
- Submit another person's personal, sensitive, health, financial, or otherwise regulated data without the rights and consents required by law.
- Use the service or Generated Content to create unlawful, defamatory, discriminatory, harassing, deceptive, or misleading content, or advertising that violates consumer-protection or endorsement/disclosure rules.
- Rely on Generated Content for high-risk purposes, or as the sole basis for legal, medical, financial, or other decisions where an error could cause harm, without independent professional review.
- Use the service in any way that would subject it to sector-specific regulation (for example, as regulated medical, legal, or financial-advice software) unless we expressly agree in writing.
10. Your Content, Review & Publishing Responsibility
Omnipresence is a tool that helps you create, plan, and schedule content. You (not us) are the author and publisher of all Content and Generated Content created, edited, scheduled, or published through the service, including AI-generated content and content that is automatically posted. You are solely responsible for that content and for all consequences of publishing it.
You acknowledge and agree that:
- Generated Content is created using artificial intelligence and may be inaccurate, incomplete, outdated, misleading, offensive, biased, or may infringe third-party rights. AI output is not guaranteed to be accurate, original, or suitable for any purpose.
- You are able to preview and review every post before it is published, and you are responsible for reviewing, verifying, editing, and approving all content before it goes out.
- If you enable scheduling or automatic posting, you do so at your own risk and remain fully responsible for the content that is published, even if you choose not to review it first. Auto-posting is an optional convenience that you configure and control; it does not shift any responsibility to us.
- You are responsible for ensuring your content and its publication comply with all applicable laws and regulations (including advertising, endorsement and disclosure, consumer-protection, intellectual-property, privacy, and defamation laws) and with the terms, policies, and rules of any Platform on which you publish.
- You represent that you have all rights necessary to the material you provide and to publish the resulting content, and that your content will not infringe or violate the rights of any third party.
- Content provided through the service is not legal, financial, medical, or other professional advice.
We do not create, author, control, monitor, endorse, or pre-screen your content, and we are not the publisher of it. To the maximum extent permitted by law, we have no liability for any content you generate, schedule, or publish, or for any decision or action you take based on it.
11. Confidentiality & Proprietary Rights
The service embodies valuable trade secrets and proprietary information, including the design, structure, and behavior of our systems and the methods, models, prompts, workflows, scoring, and know-how we use to analyze brands and generate content (collectively, our "Confidential Information"). You acknowledge that these are confidential and proprietary to us.
You agree not to disclose, publish, or use our Confidential Information except as necessary to use the service under these Terms, and to protect it with at least the same care you use for your own confidential information. This section does not apply to information that is or becomes public through no fault of yours. These obligations survive termination. Because unauthorized use or disclosure may cause irreparable harm, we may seek injunctive relief in addition to any other remedies.
12. Intellectual Property
Our content: the service itself (including its software, models, design, look and feel, and branding) is owned by us or our licensors and protected by intellectual property and trade-secret laws. No ownership passes to you.
Your Content: you retain ownership of the Content you submit. You grant us a limited, worldwide, royalty-free license to host, store, process, and display it solely to operate, secure, and improve the service for you, and to transmit it to the AI Provider and other sub-processors as needed to perform the requests you initiate. We do not use your Content, prompts, or Generated Content to train, retrain, or fine-tune AI models.
Generated Content: as between you and us, you own the Generated Content the service produces for you, subject to your compliance with these Terms. Generated Content is provided on a non-exclusive basis (identical or similar output may be generated for others), and we make no representation that it is original, copyrightable, or non-infringing. You are responsible for reviewing it and ensuring your use complies with applicable laws and third-party rights.
13. Feedback
If you send us feedback, ideas, or suggestions about the service, you grant us a perpetual, irrevocable, royalty-free license to use them for any purpose without obligation or compensation to you.
14. Third-Party Services & Availability
- Provider dependency: the service depends on the AI Provider, the Platforms, and other third parties. We may substitute, add, deprecate, or discontinue models, providers, or integrations, and their availability and behavior are outside our control.
- No SLA: except for a service level expressly purchased in writing, the service is provided without any uptime or availability commitment; maintenance, downtime, and interruptions may occur.
- Beta features: features designated beta or experimental are provided as-is and may be changed or withdrawn at any time.
- Changes: we may modify, add, or discontinue features, and suspend or terminate access for violations of these Terms.
15. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL GENERATED CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY GENERATED CONTENT WILL BE ACCURATE, ORIGINAL, OR SUITABLE FOR YOUR PURPOSES. WE MAKE NO WARRANTY REGARDING ANY AI PROVIDER OR PLATFORM. NO ADVICE OR INFORMATION OBTAINED FROM THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, JUMPING AHEAD INC. AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR REPUTATIONAL HARM, ARISING OUT OF OR RELATED TO THE SERVICE OR ANY GENERATED CONTENT, EVEN IF ADVISED OF THE POSSIBILITY.
WITHOUT LIMITING THE ABOVE, WE ARE NOT LIABLE FOR: (a) any content you generate, schedule, or publish, or the consequences of publishing it; (b) any act or omission of an AI Provider or Platform, including any failure, delay, rejection, removal, or suspension of content or accounts; or (c) any decision you make based on the service or its output. You assume all risk arising from your use of Generated Content and from publishing it.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE (WHETHER IN CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY) WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Carve-outs. Nothing in this Section limits liability that cannot lawfully be limited, or liability for fraud, willful misconduct, or gross negligence.
You acknowledge that these limitations reflect a reasonable allocation of risk, are an essential basis of the bargain, and that our fees would be materially different without them. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
17. Indemnification
You will defend, indemnify, and hold harmless Jumping Ahead Inc. and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the service; (b) any content you create, generate, schedule, publish, or auto-post through the service, including claims of defamation, intellectual-property or privacy infringement, false or misleading advertising, or violation of any Platform's terms; (c) your Content; (d) your violation of these Terms or any applicable law; or (e) your infringement of the rights of any third party. This obligation survives termination.
Exclusion for our fault. Your indemnity does not apply to the extent a claim arises from our own gross negligence, fraud, or willful misconduct.
Procedure. We will promptly notify you of the claim, allow you to control the defense and settlement with counsel reasonably acceptable to us, and reasonably cooperate at your expense. You will not settle any claim in a way that imposes an obligation or admission on us without our prior written consent.
18. Non-Reliance & No Advisory Relationship
You acknowledge that: (a) we are a software provider only; (b) using the service creates no partnership, agency, fiduciary, advisory, or professional relationship between you and us; (c) we have made no representation that the service or Generated Content is suitable for any particular purpose; and (d) you, not us, bear sole responsibility for any work product, decision, publication, or action you take using or informed by the service, and you will not assert that we are responsible for your judgment, your compliance obligations, or any outcome of your work.
19. Term, Suspension & Termination
We may suspend or terminate your access if you breach these Terms, or for suspected abuse, non-payment, or legal or security reasons. Where reasonable, we will provide notice.
You may stop using the service and cancel your subscription at any time. Upon termination, your right to use the service ends. Any provisions that by their nature should survive (including Definitions, billing, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, non-reliance, dispute resolution, and general) survive termination.
20. Dispute Resolution & Arbitration
Please read this section carefully: it affects how disputes are resolved and requires arbitration on an individual basis.
- Informal resolution first: before starting arbitration, the parties will try to resolve any dispute informally for at least thirty (30) days after written notice (notice to us at hello@omnipresence.online). The applicable limitations period is tolled during this period.
- Binding arbitration (Commercial Rules): if a dispute is not resolved, it will be finally resolved by binding arbitration, not in court, except as stated below. You and we waive the right to a jury trial. The arbitration is administered by New Era ADR under its Commercial Arbitration Rules — the rules applicable to business and commercial disputes — then in effect, and not under any consumer arbitration rules or procedures, which the parties agree do not apply given the commercial, business-to-business nature of this agreement. The arbitration is governed by the Federal Arbitration Act (and secondarily by the law of the governing jurisdiction in Section 21) and may be conducted remotely or in a mutually agreed location.
- Fees and costs: except as otherwise provided in these Terms (including Section 17 (Indemnification)) or as required by applicable law, each party is responsible for its own attorneys' fees and other legal costs, and the parties will share equally the fees and costs of the arbitration administrator and the arbitrator. This allocation reflects the commercial nature of the parties' relationship.
- Class-action & representative waiver: arbitration and any proceeding will be conducted only on an individual basis, and not as a class, collective, consolidated, or representative action. If this waiver is unenforceable as to a claim, that claim will proceed in court, but the remainder of this Section still applies.
- Exceptions: either party may (a) bring an individual claim in small-claims court; (b) seek injunctive or emergency relief to protect intellectual property or Confidential Information; and (c) bring a claim concerning the ownership or infringement of intellectual-property rights, which may be brought in court.
- Opt-out: you may opt out of arbitration within thirty (30) days of first accepting these Terms by emailing hello@omnipresence.online with the subject "Arbitration Opt-Out" and your account details. We will confirm receipt.
- Time to bring claims: to the extent permitted by law, any claim relating to the service or these Terms must be commenced within two (2) years after the cause of action arose, or it is permanently barred.
21. Governing Law & Venue
These Terms and your use of the service are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-law provisions. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded. For any matter not subject to arbitration, you agree to the exclusive jurisdiction and venue of the state and federal courts located in Sarasota County, Florida, and you waive any objection based on venue or forum non conveniens.
22. Records of Consent & Electronic Signature
You agree that your electronic acceptance of these Terms constitutes your electronic signature under applicable e-signature law (such as the U.S. ESIGN Act and UETA) and has the same effect as a handwritten signature. You consent to our recording and retaining, for each version of these Terms you accept, your account identifier, the date and time, your IP address and user-agent, and the version of the documents you agreed to. We may use these records as evidence of your acceptance.
23. Changes to These Terms
We may modify these Terms from time to time. We will post the updated Terms on this page and revise the "Last updated" date, and provide additional notice of material changes where required (and may require you to re-affirm them before continued use). Your continued use of Omnipresence after changes take effect constitutes acceptance of the modified Terms.
24. General
- Entire agreement & order of precedence: these Terms, together with any order form, our Privacy Policy, and (if executed) a Data Processing Agreement, are the entire agreement between you and us regarding the service and supersede any prior agreements. In case of conflict, a signed order form or DPA controls first, then these Terms, then the Privacy Policy.
- Severability: if any provision is found unenforceable, it is limited to the minimum extent necessary and the remaining provisions stay in effect.
- No waiver: our failure to enforce a provision is not a waiver of it.
- Assignment: you may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
- No third-party beneficiaries: these Terms create no rights in any third party.
- Independent contractors: the parties are independent contractors; these Terms create no joint venture or employment relationship.
- Export & sanctions: you represent that you are not located in, and will not use the service in violation of, applicable export-control or sanctions laws.
- Force majeure: we are not liable for delays or failures caused by events beyond our reasonable control.
- Third-party platforms: the Platforms you publish to are independent third parties. We are not affiliated with, endorsed by, or responsible for them, and your use of them is governed by their own terms.
- Notices: we may provide notices to you by email or through the service; you may contact us at hello@omnipresence.online.
25. Contact Information
If you have any questions about these Terms, contact us at: