These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", or "your") and [COMPANY LEGAL NAME] ("OmniDesk", "we", "us", or "our"), a corporation incorporated under the laws of [PROVINCE], Canada.
By creating an account, accessing the OmniDesk platform, or clicking "I agree", you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
If you are accepting these Terms on behalf of a business, you represent that you have authority to bind that business to these Terms.
OmniDesk provides a cloud-based business management platform including, but not limited to: invoicing, client relationship management (CRM), inventory management, cash flow reporting, tax calculation (GST/HST), payment processing, and AI-powered business advisory features (collectively, the "Service").
The features available to you depend on your subscription plan. OmniDesk reserves the right to modify, add, or remove features with reasonable notice to subscribers.
You are responsible for:
OmniDesk will never ask for your password via email, chat, or phone.
OmniDesk offers the following subscription plans, billed in Canadian dollars (CAD): Solo, Business, Growth, and Enterprise. Current pricing is published at omnidesk.cloud/#pricing and may be updated with 30 days' notice to existing subscribers.
Subscriptions are billed monthly or annually, as selected at checkout. Annual plans are billed in full at the start of each billing period. Monthly plans are billed on the same calendar date each month.
OmniDesk accepts credit cards (Visa, Mastercard, American Express) and Interac e-Transfer for applicable plans. Payment processing is handled by Stripe. By providing payment information, you authorize OmniDesk to charge your payment method on a recurring basis.
If a payment fails, OmniDesk will retry up to 3 times over 7 days. If payment is not received, your account will be suspended (data preserved) and then scheduled for deletion after 30 days. You will receive email notifications at each stage.
We will give existing subscribers at least 30 days' written notice before increasing prices. Price changes take effect at the start of your next billing cycle after the notice period.
You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of your current billing period — you retain full access until then.
Before cancellation, and for 90 days after your subscription ends, you may export all your data (clients, invoices, products, reports) in CSV and PDF format from within the app. After 90 days, data is permanently deleted per our Privacy Policy.
Monthly plans: no refunds for partial months.
Annual plans: if you cancel within [X] days of your annual renewal, you are eligible for a pro-rata refund for unused months, less any promotional discounts applied.
Waitlist participation is free and carries no charges or obligations.
You own your data. OmniDesk does not claim any ownership over the business data you enter into the platform — client records, invoices, products, financial data, or any other content you create.
You grant OmniDesk a limited, non-exclusive license to store, process, and display your data solely for the purpose of providing the Service to you. This license ends when you delete your account.
Data location commitment: OmniDesk contractually commits to storing all Customer data exclusively on servers located in Canada. This obligation survives termination of these Terms for the duration of the data retention period described in our Privacy Policy.
You agree not to use OmniDesk to:
Violation of Acceptable Use may result in immediate account suspension without refund.
OmniDesk AI is a business advisory tool. The following terms apply specifically to its use:
OmniDesk calculates GST/HST based on the province you associate with each client and transaction. While we make every effort to keep tax rates current and accurate, OmniDesk:
OmniDesk and all its components — including but not limited to the platform, software, design, trademarks, logos, and documentation — are the exclusive property of [COMPANY LEGAL NAME] and are protected by Canadian and international intellectual property laws.
Nothing in these Terms grants you any right to use OmniDesk's trademarks, logos, or branding without prior written consent.
OmniDesk targets [99.5%] monthly uptime for the core platform, excluding scheduled maintenance windows announced with at least 24 hours' notice.
In the event of prolonged outages exceeding [24 hours] in a calendar month, affected subscribers may request a pro-rata service credit. Credits are applied to future invoices and do not constitute cash refunds.
To the maximum extent permitted by applicable Canadian law:
Some jurisdictions do not allow limitations on implied warranties or consequential damages. In those jurisdictions, the above limitations apply to the fullest extent permitted by law.
You agree to indemnify, defend, and hold harmless OmniDesk and its officers, directors, employees, and contractors from any claims, damages, liabilities, costs, or expenses (including legal fees) arising from: (a) your use of the Service; (b) your breach of these Terms; (c) your violation of any third-party rights; or (d) the content or accuracy of data you enter into OmniDesk.
These Terms are governed by the laws of the Province of [PROVINCE] and the federal laws of Canada applicable therein, without regard to conflict of law principles.
Any dispute arising from these Terms shall first be attempted to be resolved through good-faith negotiation. If not resolved within 30 days, disputes shall be submitted to binding arbitration under the rules of [ARBITRATION BODY, e.g. ADR Institute of Canada], with proceedings conducted in [CITY, PROVINCE] in English (or French upon request).
Notwithstanding the above, either party may seek injunctive or equitable relief in a court of competent jurisdiction.
OmniDesk may update these Terms from time to time. For material changes, we will provide at least 30 days' written notice via email. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.
If you do not agree to revised Terms, you may cancel your subscription before the effective date and export your data.
Either party may terminate the agreement at any time. OmniDesk may terminate or suspend your account immediately and without notice if you materially breach these Terms, including Acceptable Use violations.
Upon termination: (a) your access to the Service ends; (b) your data is retained for 90 days for export purposes; (c) clauses that by their nature should survive termination (data ownership, governing law, limitation of liability) remain in effect.
These Terms, together with the Privacy Policy and PIPEDA Notice, constitute the entire agreement between you and OmniDesk regarding the Service and supersede all prior agreements, representations, or understandings.
[COMPANY LEGAL NAME]
[ADDRESS]
Email: [LEGAL@OMNIDESK.CLOUD]