These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and OMPLIO DOT COM LLC, doing business as OMPLIO.COM, OMPLIO, or omplio.com (“Company,” “we,” “us,” or “our”), concerning your access to and use of the website located at https://omplio.com, as well as any related products, software, tools, dashboards, features, applications, content, communications, and services that we make available through the website or otherwise provide to you (collectively, the “Services”).
By accessing, browsing, registering for, subscribing to, or using the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service. If you do not agree to these Terms, you must not access or use the Services.
We recommend that you print or save a copy of these Terms for your records.
1. Our Services
OMPLIO.COM is a software-as-a-service platform provided through a website. The Services may include online tools, digital features, subscription-based functionality, account access, automated communications, appointment reminders, outreach features, and other related SaaS offerings that we may make available from time to time.
We may modify, improve, update, suspend, discontinue, or replace any part of the Services at any time, with or without notice, subject to applicable law and any specific subscription commitments we have made to you.
2. Eligibility
By using the Services, you represent and warrant that:
You are at least 18 years old, or the age of majority in your jurisdiction;
You have the legal capacity and authority to enter into these Terms;
If you use the Services on behalf of a business, organization, or other entity, you have authority to bind that entity to these Terms;
Your use of the Services will comply with all applicable laws, rules, and regulations; and
You will not use the Services for any unlawful, fraudulent, abusive, or unauthorized purpose.
The Services are not intended for children under 13 years of age.
3. Accounts and Registration
To access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information and to keep your account information updated.
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately at [email protected] if you believe your account has been accessed without authorization or if your credentials have been lost, stolen, or compromised.
We are not liable for any loss or damage arising from your failure to protect your account credentials.
4. Subscriptions, Billing, and Automatic Renewal
OMPLIO.COM offers subscription-based access to the Services. Subscriptions are billed on a monthly basis unless otherwise stated at checkout or in a separate written agreement.
By purchasing a subscription, you authorize us and our third-party payment processor to charge your selected payment method for the applicable subscription fees, taxes, and any other charges disclosed at the time of purchase.
Your subscription will automatically renew each month unless you cancel it before the renewal date. By subscribing, you acknowledge and agree that your subscription includes an automatic renewal feature and that we may charge your payment method on a recurring monthly basis until you cancel.
You are responsible for ensuring that your payment information remains accurate and up to date. If your payment method fails, we may suspend or terminate your access to the Services until payment is received.
5. Cancellation
You may cancel your subscription at any time through your account dashboard, by following the cancellation instructions made available through the Services, or by contacting us at [email protected].
Cancellation will stop future recurring billing, but unless otherwise required by law or expressly stated by us, cancellation does not automatically entitle you to a refund for fees already paid. After cancellation, you may continue to have access to the paid Services until the end of your then-current billing period.
We reserve the right to modify cancellation procedures, provided that such procedures comply with applicable law.
6. Fees, Taxes, and Price Changes
All fees are listed in U.S. dollars unless otherwise stated. You are responsible for all applicable taxes, duties, levies, or governmental assessments associated with your purchase and use of the Services, except for taxes based on our income.
We may change subscription prices, billing terms, or available plans from time to time. If we change pricing for an active subscription, we will provide notice as required by applicable law. Continued use of the Services after the effective date of a price change constitutes acceptance of the updated pricing.
7. Refund Policy
Unless otherwise stated in writing or required by applicable law, all payments are final and non-refundable.
We may, in our sole discretion, issue refunds, credits, discounts, or other accommodations, but our decision to do so in one instance does not obligate us to do so in the future.
8. User Responsibilities
You agree to use the Services only for lawful business or personal purposes and in accordance with these Terms.
You are solely responsible for:
The accuracy, quality, and legality of any data, content, messages, contact information, or other materials you submit to the Services;
Obtaining all necessary consents and permissions for information you upload, process, or use through the Services;
Complying with all applicable laws related to your use of the Services, including privacy, data protection, marketing, communications, consumer protection, and telemarketing laws;
Maintaining appropriate security of your systems, accounts, devices, and credentials; and
Ensuring that your use of the Services does not violate the rights of any third party.
9. SMS, Text Message, and Promotional Communications
By providing your phone number to OMPLIO.COM, opting in through our website, account forms, scheduling tools, or other consent mechanisms, you agree that OMPLIO DOT COM LLC may send you SMS or text messages.
These messages may include appointment reminders, service-related notifications, account alerts, customer support messages, and future SMS outreach or promotional communications.
Message frequency may vary. Message and data rates may apply depending on your mobile carrier and plan.
You may opt out of receiving SMS messages at any time by replying STOP to any text message from us. After you send STOP, we may send one final confirmation message confirming that you have been unsubscribed. After that, you should no longer receive SMS messages from that campaign unless you opt in again.
You represent and warrant that the phone number you provide belongs to you or that you have authority to provide it and consent to receive messages at that number. You agree to promptly notify us if your phone number changes or is reassigned.
We do not guarantee the availability, timing, delivery, or receipt of SMS messages, as these may depend on third-party carriers and service providers.
10. Consent to Use of Data
By using the Services, you consent to our collection, use, processing, storage, and disclosure of information as described in our Privacy Policy and as necessary to provide, operate, maintain, improve, secure, and support the Services.
You acknowledge that technical processing and transmission of data may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
You are responsible for obtaining any legally required consents from individuals whose personal information, contact information, appointment details, or other data you submit to or process through the Services.
Our Privacy Policy is incorporated into these Terms by reference. Please review it carefully at: Omplio.com
11. License to Use the Services
Subject to your compliance with these Terms and payment of all applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for your internal business or personal purposes.
This license does not give you ownership of the Services, software, technology, content, trademarks, or intellectual property made available through OMPLIO.COM.
We reserve all rights not expressly granted to you in these Terms.
12. Scope of License
Your license to use the Services is limited to the functionality we make available to you through your subscription plan or account.
You may not:
Copy, modify, adapt, translate, or create derivative works based on the Services;
Reverse engineer, decompile, disassemble, or attempt to discover the source code of any software used to provide the Services;
Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make the Services available to any third party except as expressly permitted by us;
Use the Services to build a competing product or service;
Circumvent usage limits, access controls, payment requirements, or security features;
Use the Services in a manner that exceeds the scope of your subscription or authorized access; or
Remove, alter, or obscure any copyright, trademark, or proprietary notices.
13. Prohibited Activities
You agree not to use the Services for any purpose that is unlawful, unauthorized, harmful, abusive, or otherwise inconsistent with these Terms.
You may not:
Violate any applicable law, regulation, contract, intellectual property right, privacy right, or other third-party right;
Use the Services for fraudulent, deceptive, misleading, or illegal purposes;
Impersonate another person or entity or falsely state or misrepresent your affiliation with any person or entity;
Upload or transmit viruses, malware, malicious code, or other harmful materials;
Interfere with, disrupt, overload, or compromise the security, integrity, or performance of the Services;
Attempt to gain unauthorized access to the Services, user accounts, systems, networks, or data;
Scrape, crawl, harvest, or extract data from the Services except as expressly permitted by us;
Use automated scripts, bots, or similar tools to access or interact with the Services in an unauthorized manner;
Use the Services to send spam, unlawful marketing, unsolicited messages, or communications that violate applicable consent or opt-out requirements;
Use the Services to harass, abuse, threaten, defame, or harm any person;
Submit content that is unlawful, infringing, defamatory, obscene, abusive, hateful, or otherwise objectionable;
Misuse support channels or submit false reports;
Attempt to bypass billing, subscription, or payment requirements;
Resell or commercially exploit the Services without our written permission; or
Encourage, assist, or enable any other person to do any of the above.
We may suspend or terminate your access to the Services if we believe you have violated this section.
14. User Content and Customer Data
You may be able to submit, upload, transmit, or otherwise provide information, data, text, files, contact details, appointment information, messages, or other materials through the Services (“User Content”).
You retain ownership of your User Content. However, by submitting User Content to the Services, you grant us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, use, reproduce, and otherwise handle User Content solely as necessary to provide, maintain, secure, improve, and support the Services and as otherwise described in our Privacy Policy.
You represent and warrant that:
You own or have all necessary rights and permissions to submit the User Content;
Your User Content does not violate any law or third-party rights;
You have obtained all required consents for any personal information included in User Content; and
Your User Content does not contain unlawful, harmful, or malicious materials.
We are not responsible for User Content submitted by users.
15. Intellectual Property Rights
The Services, including all software, technology, designs, interfaces, graphics, text, logos, trademarks, service marks, trade names, content, features, functionality, and other materials, are owned by or licensed to us and are protected by copyright, trademark, trade secret, and other intellectual property laws.
The name OMPLIO.COM, the OMPLIO brand, and related marks, logos, and branding are our property or licensed to us. You may not use our name, logo, trademarks, or branding without our prior written permission.
Nothing in these Terms transfers any intellectual property rights to you except for the limited license expressly provided above.
16. Feedback
If you submit ideas, suggestions, comments, improvements, feature requests, or other feedback about the Services, you agree that we may use such feedback without restriction, compensation, attribution, or obligation to you.
You grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, distribute, display, perform, and otherwise exploit feedback for any purpose.
17. Third-Party Services and External Services
The Services may contain links to, integrate with, or depend on third-party websites, applications, platforms, payment processors, communication providers, hosting providers, analytics providers, or other external services.
We do not own or control third-party services and are not responsible for their content, policies, practices, availability, security, accuracy, or performance.
Your use of third-party services may be governed by separate terms and privacy policies provided by those third parties. You are responsible for reviewing and complying with such terms.
We are not liable for any loss or damage caused by your use of or reliance on third-party services.
18. Payment Processing
Payments may be processed by third-party payment processors. We do not control and are not responsible for the acts or omissions of payment processors.
By submitting payment information, you authorize us and our payment processors to charge your payment method for all applicable fees. You agree that payment processors may collect, process, and store your payment information in accordance with their own terms and privacy policies.
We do not store full credit card numbers unless expressly stated otherwise.
19. Service Availability
We strive to keep the Services available and functional, but we do not guarantee uninterrupted, error-free, secure, or continuous availability.
The Services may be unavailable from time to time due to maintenance, updates, repairs, outages, network failures, third-party service issues, security incidents, force majeure events, or other causes.
We are not liable for any interruption, delay, loss, or damage resulting from downtime or service unavailability.
20. Beta Features
We may offer beta, experimental, preview, or trial features. These features may be incomplete, unstable, changed, discontinued, or removed at any time.
Beta features are provided “as is” and without warranties of any kind. You use beta features at your own risk.
21. Termination
We may suspend, restrict, or terminate your access to the Services at any time if:
You violate these Terms;
You fail to pay applicable fees;
Your use of the Services creates risk or potential legal exposure for us;
Your use of the Services may harm other users, third parties, or the Services;
We are required to do so by law; or
We discontinue the Services or any portion of them.
You may stop using the Services at any time and may cancel your subscription as described in these Terms.
Upon termination, your right to access and use the Services will immediately cease. Sections that by their nature should survive termination will survive, including payment obligations, intellectual property rights, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law provisions.
22. Data After Termination
After termination or cancellation, we may retain or delete your account information and User Content in accordance with our Privacy Policy, internal retention practices, legal obligations, and legitimate business needs.
We are not obligated to maintain or provide copies of User Content after termination unless required by law or expressly agreed in writing.
You are responsible for exporting or backing up any data you wish to keep before canceling or terminating your account.
23. No Warranty
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, AND ERROR-FREE OPERATION.
WE DO NOT WARRANT THAT:
THE SERVICES WILL MEET YOUR REQUIREMENTS;
THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
ANY RESULTS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE OR RELIABLE;
ANY ERRORS OR DEFECTS WILL BE CORRECTED;
THE SERVICES WILL BE FREE OF VIRUSES OR HARMFUL COMPONENTS; OR
THE SERVICES WILL COMPLY WITH LAWS SPECIFIC TO YOUR BUSINESS, INDUSTRY, OR USE CASE.
YOU USE THE SERVICES AT YOUR OWN RISK.
24. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL OMPLIO DOT COM LLC, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, OR PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR COST OF SUBSTITUTE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF:
THE AMOUNT YOU PAID TO US FOR THE SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.
25. Indemnification
You agree to defend, indemnify, and hold harmless OMPLIO DOT COM LLC, its owners, officers, directors, employees, contractors, agents, affiliates, licensors, service providers, and partners from and against any claims, damages, liabilities, losses, costs, expenses, and fees, including reasonable attorneys’ fees, arising out of or relating to:
Your use or misuse of the Services;
Your violation of these Terms;
Your violation of any law, regulation, or third-party right;
Your User Content;
Your communications, marketing, outreach, or messaging activities;
Your failure to obtain required consents or permissions; or
Any activity conducted through your account.
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense.
26. Export Compliance
You agree to comply with all applicable export control, sanctions, and trade laws and regulations of the United States and any other applicable jurisdiction.
You may not access, use, export, re-export, transfer, or make available the Services in violation of applicable export control or sanctions laws. You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive U.S. sanctions and that you are not listed on any U.S. government restricted-party list.
27. U.S. Government Rights; Commercial Items
The Services and related documentation are “commercial items,” “commercial computer software,” and “commercial computer software documentation” as those terms are used in applicable U.S. federal acquisition regulations.
If the Services are acquired by or on behalf of the U.S. Government, they are provided only with the rights granted to all other users under these Terms, unless otherwise required by applicable law or agreed in writing.
28. Changes to These Terms
We may update or modify these Terms from time to time. When we do, we will revise the “Last Updated” date above.
If we make material changes, we may provide notice by posting the updated Terms on the Services, sending an email, displaying an in-product notice, or using another reasonable method.
Your continued use of the Services after updated Terms become effective constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services and cancel your subscription.
29. Governing Law
These Terms and your use of the Services are governed by and construed in accordance with the laws of the United States and the laws of the State of New Jersey, without regard to conflict-of-law principles.
30. Informal Dispute Resolution
Before initiating arbitration or litigation, you and OMPLIO DOT COM LLC agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms, the Services, your account, your subscription, billing, communications, or our relationship through informal negotiations.
A party seeking to initiate a dispute must first send written notice to the other party describing the nature and basis of the dispute and the relief sought.
Notice to us must be sent to:
OMPLIO DOT COM LLC Attn: Legal Department 125 Bloomfield Street Email: [email protected]
The parties agree to attempt in good faith to resolve the dispute informally for at least thirty (30) days before either party may initiate arbitration, unless an exception applies under these Terms or applicable law.
31. Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND OMPLIO DOT COM LLC TO RESOLVE MOST DISPUTES BY BINDING ARBITRATION INSTEAD OF IN COURT.
If the parties cannot resolve a dispute through informal negotiations within thirty (30) days, either party may elect to have the dispute finally and exclusively resolved by binding arbitration.
The arbitration will take place in the United States, in Hoboken, New Jersey, or, if a county designation is required, Hudson County, New Jersey, unless the parties agree otherwise or the arbitration provider requires a different location.
The arbitration shall be conducted by a neutral arbitrator under the applicable consumer or commercial arbitration rules of a recognized arbitration provider, such as the American Arbitration Association, unless the parties agree to another provider.
The arbitrator will have authority to resolve all disputes, including disputes regarding the interpretation, applicability, enforceability, or formation of this arbitration agreement, subject to applicable law.
The arbitrator may award the same damages and relief that a court could award on an individual basis, but may not preside over any class, collective, consolidated, or representative proceeding unless required by applicable law.
The arbitration award will be final and binding and may be entered as a judgment in any court of competent jurisdiction.
32. Arbitration Fees
Each party will be responsible for its own arbitration fees, costs, and expenses unless the applicable arbitration rules, applicable law, or the arbitrator provide otherwise.
You acknowledge and agree that OMPLIO DOT COM LLC will not automatically pay arbitration fees merely because they are deemed excessive, except where required by applicable law or arbitration-provider rules.
33. Exceptions to Arbitration
Notwithstanding the arbitration agreement above, either party may bring the following claims in court:
Claims that qualify for small claims court;
Claims seeking injunctive or equitable relief for misuse of intellectual property, unauthorized access, security violations, or misuse of the Services;
Claims that cannot lawfully be required to be arbitrated; and
Actions to enforce or challenge an arbitration award.
If a dispute proceeds in court rather than arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in New Jersey, specifically in or serving Hoboken, Hudson County, New Jersey, unless applicable law requires otherwise.
34. Class Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND OMPLIO DOT COM LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION.
Unless both parties agree in writing, no arbitrator or court may consolidate more than one person’s claims or otherwise preside over any form of class, collective, consolidated, or representative proceeding.
If this class action waiver is found unenforceable as to a particular claim, then that claim must proceed in court and not in arbitration, unless otherwise required by law.
35. Limitation on Time to File Claims
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, YOUR ACCOUNT, YOUR SUBSCRIPTION, BILLING, OR OUR RELATIONSHIP MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION AROSE.
Any claim filed after that period is permanently barred, unless applicable law requires a longer period.
36. Electronic Communications
By using the Services, creating an account, subscribing, or contacting us electronically, you consent to receive electronic communications from us.
These communications may include emails, service notices, account messages, billing notices, legal notices, policy updates, and other communications related to the Services.
You agree that electronic communications satisfy any legal requirement that such communications be in writing.
37. Force Majeure
We will not be liable or responsible for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government actions, internet or telecommunications failures, power outages, cyberattacks, third-party service failures, pandemics, or other events beyond our control.
38. Assignment
You may not assign or transfer these Terms or your rights or obligations under these Terms without our prior written consent.
We may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law.
39. Severability
If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.
40. No Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision or any other provision in the future.
Any waiver must be in writing and signed by an authorized representative of OMPLIO DOT COM LLC.
41. Entire Agreement
These Terms, together with our Privacy Policy and any additional terms, order forms, subscription terms, or written agreements incorporated by reference, constitute the entire agreement between you and OMPLIO DOT COM LLC regarding the Services and supersede all prior or contemporaneous agreements, communications, and understandings.
42. Additional Outreach Information If Not Already Stated
Acceptance of Terms By accessing or using OMPLIO.COM or our services, you agree to be bound by these Terms of Service. If you do not agree, please do not use our site or services.
Our Services
OMPLIO DOT COM LLC provides website design and digital marketing services for local businesses, including website creation, lead capture, appointment scheduling, automated follow-up, and online review management.
SMS Messaging Program By opting in, you agree to receive text messages from OMPLIO DOT COM LLC related to appointments, scheduling, customer service, and account updates. Message frequency may vary. Message and data rates may apply. You can opt out at any time by replying STOP, or reply HELP for assistance. Carriers are not liable for delayed or undelivered messages.
Age Requirement You must be at least 18 years old to use our services and to opt in to our SMS messaging program.
Payments Fees for our services are as agreed upon at the time of purchase. Recurring services are billed monthly unless otherwise stated. You may cancel in accordance with your service agreement.
Intellectual Property All content on this website, including text, graphics, and logos, is the property of OMPLIO DOT COM LLC and may not be copied or reused without permission.
Disclaimer Our services are provided "as is" without warranties of any kind. While we work to deliver results, we do not guarantee specific outcomes, such as a particular number of leads, customers, or revenue.
Limitation of Liability To the fullest extent permitted by law, OMPLIO DOT COM LLC shall not be liable for any indirect, incidental, or consequential damages arising from your use of our website or services.