OmnifyOmnify

Terms of Service

Effective: April 27, 2026. These Terms govern your use of Omnify (operated by Elevate With AI). By creating an account, clicking “I agree,” subscribing, or otherwise accessing the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

Important — read this first. Omnify provides software that you use to place outbound and inbound voice calls and send messages to your contacts. You — not Omnify — are the sender, the caller, the data controller, and the party legally responsible for every call, text, voicemail, or message that leaves your account, including compliance with the TCPA, FCC and FTC rules, the federal and state Do-Not-Call (DNC) registries, GDPR, CCPA/CPRA, CASL, and every other communications, consent, recording, privacy, or marketing law that applies to you or to the people you contact.

1. The Service

Omnify is a software-as-a-service platform that enables Customers (“you,” “Customer”) to configure AI voice agents, sequencers, dialers, and messaging workflows that interact with Customer’s end users (“Contacts”). Omnify routes telephony through third-party providers (including, without limitation, VAPI, Twilio, Telnyx, OpenAI, and similar vendors). Omnify is a passive technology provider and does not initiate, originate, target, script, or supervise any communication on its own behalf.

2. Eligibility & Account

You must be at least 18 years old, legally able to form a binding contract, and not barred from using the Service under any applicable law. You must register a real legal entity or individual identity, provide accurate information, and keep your credentials secure. You are responsible for all activity under your account, including the acts of your employees, contractors, agents, and any AI agents you configure.

3. Customer Responsibilities & Compliance

You represent, warrant, and covenant — for every Contact and every communication generated through the Service — that:

  1. Consent. You have obtained prior express written consent (or another lawful basis recognized by the applicable jurisdiction) from each Contact to receive the specific type of communication you send (marketing, informational, transactional, or otherwise), and you can produce documentary proof of that consent on demand.
  2. DNC scrubbing. Before placing any outbound call or text, you have scrubbed every number against the federal Do-Not-Call Registry, all applicable state DNC lists, your own internal opt-out list, the wireless porting database, and any reassigned-number database required by the FCC.
  3. TCPA / FCC / FTC. You comply with the Telephone Consumer Protection Act, all FCC implementing regulations (including STIR/SHAKEN call-authentication, caller-ID accuracy, quiet-hour restrictions, and identification disclosures), the Telemarketing Sales Rule, and all state mini-TCPA statutes (including but not limited to FTSA, OTSA, WADAD, MTCPA).
  4. Recording & AI disclosure. You provide every legally required disclosure that the call is being recorded and/or that the Contact is speaking with an artificial or pre-recorded voice, in every jurisdiction in which the Contact is located, including all two-party-consent states.
  5. Opt-out. You honor every opt-out, revocation of consent, STOP keyword, or do-not-contact request immediately and permanently across all channels.
  6. Privacy & data protection. You are the Controller (under GDPR/UK GDPR) and Business (under CCPA/CPRA) with respect to all Contact data uploaded into the Service. You have a lawful basis for processing, you have provided every required notice, and you respect every Contact’s data subject rights.
  7. Industry restrictions. You will not use the Service for any communication that requires a license you do not hold (medical, legal, tax, debt-collection under the FDCPA, or financial advice), and you will not contact any minor, any person on a litigator/professional-plaintiff list you reasonably should know about, or any number you have reason to believe has been reassigned.
  8. Content. Your prompts, scripts, and AI agent instructions are accurate, not deceptive, not impersonating any third party (including Omnify), and not designed to extract payment, sensitive personal information, or credentials from a Contact under false pretenses.

You — not Omnify — are the “sender,” “caller,” “telemarketer,” and “initiator” of every communication generated through your account for purposes of every applicable law.

4. Acceptable Use

You will not, and will not permit any third party to, use the Service to:

  • send spam, robocalls, or junk communications in violation of any law;
  • contact any person without a lawful basis;
  • spoof caller-ID with intent to defraud, harm, or wrongfully obtain anything of value;
  • impersonate Omnify, any government agency, or any third party;
  • collect payment information, Social Security numbers, or other sensitive data through an AI agent without separate, compliant disclosures and security controls;
  • conduct lead-generation for unlicensed financial, medical, legal, immigration, or debt-collection services;
  • attempt to reverse-engineer, scrape, resell, or sublicense the Service except as expressly permitted;
  • introduce malware, attempt to breach security, or interfere with the Service or its underlying providers;
  • use the Service to harass, threaten, defame, or discriminate against any person or class of persons.

We may suspend or terminate your access immediately, without notice and without refund, if we reasonably believe you have violated this Section, regardless of whether a regulator, carrier, or third party has yet contacted us.

5. Fees, Subscriptions & Minutes

Subscription fees, minute allotments, top-up packs, and rollover rules are described on the Service. All payments are processed by Stripe and are non-refundable except where required by law. Unused voice minutes from a paid subscription month may roll over for up to two (2) consecutive billing cycles, after which they expire. We may change pricing on 30 days’ notice; continued use after the effective date is acceptance of the new pricing. You are responsible for all taxes other than taxes on Omnify’s net income.

6. Third-Party Services

The Service depends on third-party providers, including telecom carriers and AI model providers. We do not control them, we do not guarantee their availability or accuracy, and we are not liable for their acts, omissions, outages, billing errors, content moderation decisions, or data practices. Your use of integrations (Calendly, Google Calendar, Stripe, etc.) is subject to those providers’ own terms.

7. AI Output Disclaimer

The Service uses large language models and synthetic voice technology. AI output can be inaccurate, incomplete, biased, or fabricated. You are solely responsible for reviewing, verifying, and approving every prompt, script, and AI behavior before it reaches a Contact, and for any consequence of relying on AI output. Omnify makes no representation that AI output is accurate, lawful, fit for any particular purpose, or compliant in your jurisdiction.

8. Customer Data

You retain all rights to data you upload (“Customer Data”). You grant Omnify a worldwide, royalty-free license to host, transmit, process, and display Customer Data solely to provide and improve the Service, to comply with law, and to enforce these Terms. You represent that you have all rights, consents, and lawful bases necessary to grant this license. We may use aggregated, de-identified data for analytics and product development.

9. Intellectual Property

Omnify, the Omnify and Elevate With AI marks, the Service, and all software, models, prompts, templates, documentation, and derivatives thereof are and remain the exclusive property of Elevate With AI and its licensors. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service during your paid subscription. No other rights are granted by implication or estoppel.

10. Disclaimers

The service is provided “as is” and “as available,” with all faults. To the maximum extent permitted by law, omnify and its affiliates, officers, directors, employees, agents, suppliers, and licensors disclaim all warranties of any kind, express, implied, statutory, or otherwise, including without limitation merchantability, fitness for a particular purpose, title, non-infringement, accuracy, uptime, error-free operation, and any warranty arising from course of dealing or trade usage. omnify does not warrant that any communication will be delivered, received, or compliant in any jurisdiction.

11. Indemnification

You will defend, indemnify, and hold harmless Omnify, Elevate With AI, and their respective parents, subsidiaries, affiliates, officers, directors, employees, agents, vendors, and licensors (the “Indemnified Parties”) from and against any and all claims, demands, investigations, regulatory actions, class actions, suits, fines, penalties, settlements, judgments, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and the costs of regulatory response) arising out of or related to:

  • your use of the Service;
  • any communication, call, text, voicemail, recording, or message originated from your account;
  • any actual or alleged violation by you of the TCPA, FCC or FTC rules, the federal or any state Do-Not-Call registry, any state telemarketing or anti-robocall statute, GDPR, UK GDPR, CCPA/CPRA, CASL, HIPAA, GLBA, FDCPA, FCRA, or any other communications, consent, recording, privacy, marketing, financial, or healthcare law;
  • your Customer Data, prompts, scripts, or AI agent configurations;
  • your breach of these Terms or any representation or warranty you make;
  • any dispute between you and a Contact, employee, regulator, carrier, or third party.

We may, at our option, assume exclusive control of the defense and settlement of any indemnified matter at your expense. You will not settle any matter that imposes any obligation, admission, or liability on an Indemnified Party without our prior written consent.

12. Limitation of Liability

To the maximum extent permitted by law, in no event will the indemnified parties be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, business interruption, regulatory penalties, or reputational harm, even if advised of the possibility of such damages. The indemnified parties’ total aggregate liability arising out of or relating to these terms or the service, regardless of the theory of liability, will not exceed the lesser of (a) the amounts you paid to omnify for the service in the three (3) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100.00). multiple claims do not enlarge this cap.

13. Term & Termination

These Terms remain in effect while you have an account or use the Service. We may suspend or terminate your access at any time, with or without cause, with or without notice, and without refund. You may terminate by canceling your subscription and ceasing all use. Sections 3, 7, 8, 9, 10, 11, 12, 14, 15, and any provision that by its nature should survive termination will survive.

14. Governing Law; Arbitration; Class Waiver

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles. Any dispute, controversy, or claim arising out of or related to these Terms or the Service will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, in Wilmington, Delaware, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction. You waive any right to a jury trial and any right to participate in a class, collective, or representative action. Either party may seek injunctive relief in court for infringement of intellectual property or violation of confidentiality. If any portion of this Section is found unenforceable, the remainder remains in full force.

15. Changes to These Terms

We may update these Terms at any time by posting a revised version with a new effective date. Material changes will take effect 30 days after posting. Your continued use after the effective date constitutes acceptance.

16. Miscellaneous

These Terms, together with the Privacy Policy and any order form, constitute the entire agreement between you and Omnify and supersede all prior agreements on the subject. If any provision is held unenforceable, the remaining provisions remain in full effect. Failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign freely. Notices to you may be sent to the email associated with your account; notices to us must be sent to the contact address below. Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship.

17. Contact

Elevate With AI / Omnify — Legal Department.
Email: legal@elevatewithai.com

Last updated: April 27, 2026.