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Terms of Use

Last Updated: 3/10/2026 · Omniva Token Factory

These Terms of Use (the "Terms") govern your access to and use of: (a) the websites located at https://www.omniva.com, and any related websites or portals (collectively, the "Site"); (b) all text, graphics, materials, and other content made available on the Site (the "Site Content"); (c) Omniva's online, digital, mobile-enabled, hosted, and API-based services, including any training-as-a-service, inference-as-a-service, chatbot, or similar offerings, together with associated software, tools, interfaces, and documentation (collectively, the "Service"); and (d) all information, inputs, outputs, and other content submitted to, received from, or generated through the Service, including User Content and Outputs (collectively, "Service Content").

These Terms are between you and Omniva, including its affiliates and subsidiaries (collectively, "Omniva" "we," "our," or "us"). References to "you" and "your" mean the individual accessing or using the Site or Service and, if applicable, any entity on whose behalf that individual acts. An individual using the Site or Service on behalf of an entity is referred to herein as a "Business User," and that entity is referred to as a "Business."

PLEASE REVIEW THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SITE OR THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE SITE, THE SERVICE, OR ANY CONTENT MADE AVAILABLE THROUGH THEM.

1. Registration; Accounts; Access

1.1 Individual Accounts

To create an account, you must be at least eighteen (18) years old or the minimum age required for digital consent in the jurisdiction where you reside. By registering for an account, you agree to provide accurate, complete, and current information and to keep that information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your account. Unless you are acting as a Business User, you may not register an account for another person or organization.

1.2 Business Accounts

If you create or use an account on behalf of a Business, you represent and warrant that you are authorized to bind that Business to these Terms. In that case, references to "you" and "your" include both you and the applicable Business.

Without limiting the foregoing, Omniva may treat an account as a Business account if, in Omniva's reasonable discretion, the account is associated with a Business, including where the account uses a Business email address or where a Business pays, directly or indirectly, for access to the Service.

1.3 Account Security

You must safeguard your account credentials and may not share, assign, or transfer your account to any other person. You remain solely responsible for activity conducted through your account, whether or not authorized by you. Omniva disclaims liability for losses or damages arising from unauthorized account access or use, including changes made by a Business administrator with elevated permissions.

1.4 Suspension, Termination, and Changes

You may deactivate your account at any time. Omniva may suspend, restrict, modify, or terminate your account, or your access to the Site or Service, at any time and for any lawful reason, with or without notice. Omniva may also modify, discontinue, or impose limits on any aspect of the Service at any time.

2. Site Content

Omniva grants you a limited, revocable, non-exclusive right to view and download Site Content solely for your personal, non-commercial use, unless otherwise expressly permitted in writing by Omniva. You may not reproduce, distribute, publicly display, publicly perform, modify, or otherwise exploit Site Content for commercial or public purposes without Omniva's prior written consent.

All Site Content is protected by applicable intellectual property laws. Omniva and its licensors retain all rights in and to the Site Content. All trademarks, service marks, logos, and trade names appearing on the Site are the property of Omniva or their respective owners. Nothing in these Terms grants any right or license to use any of the foregoing except as expressly stated.

This Section applies only to Site Content and not to Service Content, which is addressed separately below.

3. Intellectual Property; User Content; Output

3.1 Ownership of the Site and Service

As between you and Omniva, Omniva and its licensors own all right, title, and interest in and to the Site, the Service, and all related technology, software, interfaces, and intellectual property rights.

The Service may enable access to third-party models, third-party data, or other third-party materials. Such third-party materials are owned or controlled by their respective providers and may be subject to separate terms, conditions, or policies between you and the applicable provider ("Third-Party Model Terms"). Where a conflict exists between these Terms and the Third-Party Model Terms, the Third-Party Model Terms control with respect to the applicable third-party materials.

3.2 User Content

You may provide prompts, instructions, text, files, images, code, or other materials to the Service (collectively, "User Content"). For use of the Service through APIs, ownership and related rights in User Content may be governed by applicable Third-Party Model Terms. As between you and Omniva, and except as otherwise stated in those terms, Omniva does not claim ownership of your User Content.

You are solely responsible for your User Content, including its legality, accuracy, and your right to submit it. Omniva may, but is not obligated to, remove or restrict User Content at any time.

3.3 Outputs

The Service may generate responses, completions, summaries, code, images, or other outputs ("Outputs"). For API-based uses of the Service, rights in Outputs may be governed by the applicable Third-Party Model Terms. As between you and Omniva, and except as otherwise stated in those terms, Omniva does not claim ownership of Outputs.

You are solely responsible for your use of Outputs, including review and validation before reliance or distribution. You may not present Output as human-generated where doing so would be misleading or unlawful, and you may not use Outputs in a manner that violates law, applicable third-party restrictions, or the rights of others. If you become aware that any Output infringes the rights of another party, you must cease using that Output.

3.4 License to Use the Service

Subject to your compliance with these Terms and any applicable documentation, Omniva grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide right to access and use the Service for your internal personal or business purposes, as applicable.

To the extent Omniva makes APIs, API credentials, software libraries, scripts, or similar developer tools available, and subject to any limitations set forth in the applicable documentation, Omniva grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide license to:

  • (a) use such APIs and tools to build, test, maintain, and support your applications;
  • (b) enable end users to access your valid integrations with the APIs; and
  • (c) display Outputs received through the APIs within your applications, provided you maintain valid credentials and comply with all applicable restrictions.

Except for the limited rights expressly granted in these Terms, Omniva reserves all rights.

4. Acceptable Use

4.1 Permitted Use

You may use the Site and the Service only for lawful purposes and in accordance with these Terms.

4.2 Prohibited Conduct

You must not, and must not permit or assist any third party to:

  • reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive source code, trade secrets, or underlying ideas from the Service, except to the extent such restriction is prohibited by law;
  • alter or modify any materials on the Site, except as expressly permitted with respect to Outputs;
  • use bots, scrapers, crawlers, harvesting tools, or other automated means to access the Service in a manner inconsistent with the published documentation or that imposes unreasonable demand on the Service, except through authorized APIs used in compliance with applicable documentation;
  • use any content or functionality made available through the Service in violation of applicable Third-Party Model Terms;
  • sell, transfer, sublicense, or otherwise distribute API keys or credentials without Omniva's prior written consent;
  • impersonate another person or entity, misrepresent affiliation, conceal identity for fraudulent or deceptive purposes, or otherwise use the Service for unlawful, invasive, or misleading activity;
  • copy, rent, lease, sell, assign, distribute, create derivative works from, or commercially exploit any part of the Service except as expressly permitted;
  • interfere with or disrupt the integrity, performance, or security of the Service or the systems supporting it;
  • attempt to bypass access controls or other technical or contractual usage limitations;
  • use the Service in a manner that violates applicable law, third-party rights, privacy rights, publicity rights, or intellectual property rights;
  • use the Service to generate or disseminate unlawful, defamatory, obscene, fraudulent, infringing, hateful, violent, or otherwise harmful content;
  • intentionally seek Outputs that violate law or infringe third-party rights;
  • use the Service to develop or support competing products or services, or for benchmarking or competitive analysis, where prohibited by applicable law;
  • transmit spam, malware, viruses, worms, or other malicious or harmful code;
  • collect or harvest personal data from the Service without lawful basis or authorization; or
  • suggest sponsorship, endorsement, affiliation, or approval by Omniva without Omniva's prior written consent.

Any use of the Site or Service that Omniva determines, in its discretion, violates these Terms is prohibited.

5. Third-Party Services and Links

Your use of the Site or Service may involve products or services provided by third parties, including internet service providers, model providers, payment processors, cloud providers, wireless carriers, or mobile platforms ("Third-Party Services"). Those Third-Party Services may be subject to separate terms, fees, privacy practices, and policies. Omniva is not responsible for Third-Party Services and disclaims all liability arising from your use of them.

The Site may contain links to third-party websites or resources for convenience only. Omniva does not control, endorse, or assume responsibility for any third-party website, content, product, or service. If you choose to access a third-party website, you do so at your own risk.

6. Data Use; Privacy; Feedback

6.1 Service Content Monitoring and Use

Omniva may access, use, process, and review Service Content as necessary to operate the Service, enforce these Terms, protect rights and safety, and comply with applicable law. For clarity, unless expressly stated otherwise in writing, these Terms do not grant Omniva the right to use Service Content to train or fine-tune foundation models.

6.2 Usage Data

Omniva may collect technical logs, analytics, telemetry, diagnostics, and usage-related information about your access to and use of the Service ("Usage Data"), excluding User Content and Outputs unless expressly stated otherwise. As between you and Omniva, Usage Data is owned by Omniva. To the extent any rights in Usage Data vest in you, you assign those rights to Omniva.

Omniva may use Usage Data for lawful business purposes, including to provide, secure, monitor, maintain, improve, and develop products and services, conduct analytics and research, and create aggregated or de-identified insights.

6.3 Feedback

If you provide suggestions, comments, ideas, enhancement requests, or other feedback regarding the Site, Service, or Omniva's business ("Feedback"), you grant Omniva a perpetual, irrevocable, worldwide, royalty-free right to use, disclose, reproduce, modify, and otherwise exploit that Feedback for any purpose without restriction, attribution, or compensation.

6.4 Privacy

Personal information submitted to the Site or Service will be handled in accordance with Omniva's Privacy Policy and, where applicable, its Data Processing Agreement.

7. Fees and Payment

Some portions of the Service may be available without charge, while other portions may require payment of fees, subscription charges, usage-based fees, or other amounts ("Fees"). You agree to pay all Fees associated with your account in accordance with the pricing and payment terms posted on the applicable pricing page or otherwise agreed in writing.

Omniva may introduce new fees, modify existing fees, or discontinue any pricing plan or offering at any time, subject to applicable law. Unless otherwise expressly stated, all Fees are payable in advance, non-cancelable once incurred, and non-refundable.

You authorize Omniva, its affiliates, and its payment processors to charge your designated payment method, including by ACH transfer where applicable, for all Fees and applicable taxes. If you elect ACH payments, you are responsible for any costs or charges Omniva incurs as a result of failed or returned transfers.

If payment is overdue, Omniva may suspend or terminate access to the Service upon notice. Fees do not include applicable taxes, duties, levies, or similar governmental assessments ("Taxes"), all of which are your responsibility except for taxes imposed on Omniva's net income.

8. Disclaimer of Warranties

THE SITE, THE SERVICE, ALL OUTPUTS, AND ALL RELATED CONTENT AND THIRD-PARTY SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OMNIVA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

OMNIVA DOES NOT WARRANT THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS, OR THAT ANY OUTPUTS OR OTHER CONTENT WILL BE ACCURATE, COMPLETE, OR RELIABLE. YOU ARE RESPONSIBLE FOR EVALUATING AND VALIDATING OUTPUTS BEFORE USING OR RELYING ON THEM.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OMNIVA, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SITE, THE SERVICE, THIRD-PARTY SERVICES, OUTPUTS, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OMNIVA'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNT OF FEES YOU PAID TO OMNIVA FOR THE RELEVANT SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

10. Indemnification

You will defend, indemnify, and hold harmless Omniva and its affiliates, licensors, suppliers, and each of their respective officers, directors, employees, contractors, and agents from and against any third-party claims, actions, proceedings, liabilities, damages, losses, judgments, fines, penalties, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

  • (a) your use of the Site or Service;
  • (b) your User Content, Prompts, or Outputs;
  • (c) your violation of these Terms;
  • (d) your violation of applicable law;
  • (e) your violation of any third-party rights, including intellectual property, privacy, or publicity rights; or
  • (f) any access to or use of the Service through your account or credentials.

11. Dispute Resolution

11.1 General

Please read this Section carefully. It affects your legal rights. Except as otherwise provided below, you and Omniva agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, the Service, or the relationship between you and Omniva ("Claim") will be resolved exclusively through binding arbitration on an individual basis, and not in court, except where applicable law prohibits such a requirement.

To the fullest extent permitted by law, you and Omniva waive any right to a jury trial and any right to participate in a class action, class arbitration, private attorney general action, or other representative proceeding.

11.2 Informal Resolution

Before initiating arbitration, you must first send written notice of the Claim via https://omniva.com/contact/ and attempt in good faith to resolve the matter informally. If the parties do not resolve the Claim within sixty (60) days after notice, either party may commence arbitration.

11.3 Arbitration Procedures

Any arbitration will be administered by JAMS before a single arbitrator under the applicable JAMS rules, including any expedited procedures then in effect, unless the parties agree otherwise. If there is any inconsistency between those rules and this Section, this Section controls.

Unless otherwise required by law or agreed by the parties, the arbitration will take place in New York, New York. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

If you use the Service for commercial purposes, you and Omniva will bear arbitration fees and expenses as allocated under the applicable rules, and the arbitrator may award costs and reasonable attorneys' fees as permitted by law and contract.

If you use the Service solely for personal, non-commercial purposes, arbitration fees will be allocated in accordance with the applicable rules and governing law.

11.4 Exceptions

Nothing in this Section prevents either party from:

  • (a) bringing an individual action in small claims court if eligible; or
  • (b) seeking injunctive or equitable relief in court for actual or threatened infringement, misappropriation, or violation of intellectual property or other proprietary rights.

12. Export Controls and Sanctions

You acknowledge that the Site and Service may be subject to export control, sanctions, and trade compliance laws and regulations, including those of the United States and other applicable jurisdictions. You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions, and that you are not listed on any U.S. government restricted-party list. You agree to comply with all applicable export control and sanctions laws in connection with your use of the Site and Service.

13. Termination

If you violate these Terms, your right to access and use the Site and Service will terminate immediately upon notice from Omniva or automatically where expressly stated. Omniva may also terminate your access to the Site and Service, in whole or in part, for convenience at any time upon notice. Upon any termination, you must cease all use of the Site and Service and, if requested, delete or destroy any locally stored copies of materials obtained from the Site or Service, except to the extent retention is required by law.

Any provisions that by their nature should survive termination will survive, including provisions relating to payment, ownership, disclaimers, limitations of liability, indemnification, dispute resolution, and general legal terms.

14. General Provisions

14.1 Governing Law

The Site and Service are controlled and operated by Omniva from the United States. Omniva makes no representation that the Site or Service is appropriate or available in all locations. If you access the Site or Service from outside the United States, you do so at your own initiative and are responsible for compliance with applicable local laws.

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles, except to the extent preempted by applicable federal law or modified by the arbitration provisions above.

14.2 Changes to These Terms

Omniva may revise these Terms from time to time. Updated Terms will become effective when posted on the Site, unless a later effective date is specified. Your continued use of the Site or Service after revised Terms become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site and Service.

14. Additional Notices, Policies, or Terms

Additional notices, policies, or terms posted on particular pages of the Site or relating to specific products, features, or offerings may supplement or supersede these Terms to the extent expressly stated.

14.3 Waiver

A failure by Omniva to enforce any provision of these Terms will not operate as a waiver of that provision or any other provision.

14.4 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted and the remainder of these Terms will remain in full force and effect.

14.5 Entire Agreement

These Terms, together with any policies, documentation, pricing terms, and other materials expressly incorporated by reference, constitute the entire agreement between you and Omniva regarding the Site and Service, unless you and Omniva have entered into a separate written agreement governing the same subject matter.

14.6 Contact

Questions regarding these Terms or the Site or Service may be directed to us via https://omniva.com/contact/.

Privacy Policy

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At Omniva, accessible from www.omniva.com, one of our main priorities is the privacy of our visitors. This Privacy Policy document contains types of information that is collected and recorded by Omniva and how we use it. If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us. This Privacy Policy applies only to our online activities and is valid for visitors to our website with regards to the information that they shared and/or collect in Omniva. This policy is not applicable to any information collected offline or via channels other than this website.

Consent

By using our website, you hereby consent to our Privacy Policy and agree to its terms.

Information we collect

The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information. If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide. When you register for an Account, we may ask for your contact information, including items such as name, company name, address, email address, and telephone number.

How we use your information

We use the information we collect in various ways, including to:

  • Provide, operate, and maintain our website
  • Improve, personalize, and expand our website
  • Understand and analyze how you use our website
  • Develop new products, services, features, and functionality
  • Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the website, and for marketing and promotional purposes
  • Send you emails
  • Find and prevent fraud

Log Files

Omniva follows a standard procedure of using log files. These files log visitors when they visit websites and use our services. All hosting companies do this and a part of hosting services' analytics. The information collected by log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users' movement on the website, and gathering demographic information.

No Cookie Collection Policy

Omniva operates without the collection of cookies. We do not gather any information regarding visitors' preferences or the specific pages they access or visit on our website. Our commitment is to provide a user experience that is not reliant on storing data through cookies or utilizing Web Beacons. We optimize our web page content based solely on the general needs of our visitors and the standards of their browsing experience.

Privacy Policies Regarding Advertising Partners

For information regarding the privacy policies of our advertising partners, please refer to the individual policies of each partner. Third-party ad servers or networks may employ technologies such as cookies, JavaScript, or Web Beacons for their advertisements and links on Omniva's site. Please note that we do not have access to or control over the cookies used by these third-party advertisers.

Third Party Privacy Policies

Our Privacy Policy does not extend to other advertisers or websites. We encourage you to review the privacy policies of these third-party ad servers for comprehensive information about their practices and opt-out options. Disabling cookies is possible through your browser settings. For more detailed guidance on managing cookies with specific web browsers, please consult the respective browser websites.

CCPA and GDPR Compliance

Under the CCPA and GDPR, we respect your privacy rights. California consumers and users worldwide have the right to request information about their personal data and may request its deletion or restriction of processing. We aim to respond to any such requests within one month. To exercise your rights, please contact us.

Privacy Policy Updates

Our Privacy Policy may undergo periodic updates. We recommend reviewing this page regularly for any changes. We will promptly notify you of any updates by posting the revised Privacy Policy on this page. Changes become effective immediately upon posting.

Contact Us

For any inquiries or suggestions regarding our Privacy Policy, please feel free to reach out to us. We value your feedback and are committed to addressing any concerns you may have.

Data Processing Addendum

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This Data Processing Addendum ("DPA") supplements the separate written agreement governing Customer's use of the Services (the "Agreement"). All capitalized terms used in this DPA will have the meanings given herein unless otherwise defined in the Agreement.

1. Data Processing.

1.1 Scope and Roles.

This DPA applies when Customer Data is processed by Omniva on behalf of Customer, where Customer acts either as controller or processor.

1.2 Customer Controls.

Customer can use the Service Controls to assist it with its obligations under Applicable Data Protection Law. If Omniva becomes aware that Customer Data transferred under the Standard Contractual Clauses is inaccurate or outdated, it will inform Customer without undue delay. Omniva will cooperate with Customer to erase inaccurate or outdated Customer Data transferred under the Standard Contractual Clauses by providing Service Controls that Customer can use to erase Customer Data.

1.3 Details of Data Processing.

1.3.1 Subject matter.

The subject matter of the data processing under this DPA is Customer Data.

1.3.2 Duration.

The duration of the data processing under this DPA is determined by Customer's use of the Services.

1.3.3 Purpose.

The purpose of the data processing under this DPA is the provision of the Services initiated by Customer.

1.3.4 Nature of the processing.

Compute, storage and other Services as initiated by Customer from time to time.

1.3.5 Type of Customer Data.

Customer Data uploaded to the Services under Customer's Omniva accounts.

1.3.6 Categories of data subjects.

The data subjects could include Customer's customers, employees, suppliers, and End Users.

1.4 Compliance with Laws.

Each party will comply with all laws, rules and regulations applicable to it and binding on it in the performance of this DPA.

2. Customer Instructions.

The parties agree that this DPA and the Agreement (including Customer providing instructions via the Service Controls) constitute Customer's documented instructions regarding Omniva's processing of Customer Data ("Instructions"). Omniva will process Customer Data only in accordance with the Instructions. Directions outside the scope of the Instructions require prior written agreement between Omniva and Customer.

3. Confidentiality of Customer Data.

Omniva will not access or use, or disclose to any third party, any Customer Data, except, in each case, as necessary to maintain or provide the Services, or as necessary to comply with the law or a valid and binding order of a governmental body. If a governmental body sends Omniva a demand for Customer Data, Omniva will attempt to redirect the governmental body to Customer. As part of this effort, Omniva may provide Customer's contact information to the governmental body. If compelled to disclose Customer Data to a governmental body, Omniva will give Customer reasonable notice of the demand to allow Customer to seek a protective order or other remedy unless Omniva is legally prohibited from doing so.

4. Confidentiality Obligations of Omniva Personnel.

Omniva restricts its personnel from processing Customer Data without authorization by Omniva. Omniva imposes appropriate contractual obligations upon its personnel, including relevant obligations regarding confidentiality, data protection, and data security.

5. Security of Data Processing.

5.1

Omniva has implemented and will maintain the technical and organizational measures for the Omniva Systems as described in the Agreement.

5.2

Customer can elect to implement additional technical and organizational measures to protect Customer Data, either from Omniva or directly from a third party. Such technical and organizational measures may include the following:

  • (a) pseudonymization and encryption;
  • (b) measures to ensure the ongoing confidentiality, integrity, availability and resilience of the systems and services that are operated by Customer;
  • (c) measures to allow Customer to backup and archive in order to restore availability and access to Customer Data in a timely manner in the event of a physical or technical incident; and
  • (d) processes for regularly testing, assessing and evaluating the effectiveness of the technical and organizational measures implemented by Customer.

6. Sub-processing.

6.1 Authorized Sub-processors.

Customer provides general authorization to Omniva's use of sub-processors to provide processing activities on behalf of Customer ("Sub-processors"). Before Omniva engages a Sub-processor, Omniva will provide Customer with notice (which may be via the customer portal or Omniva Site). To object to a Sub-processor, Customer can: (i) terminate the Agreement pursuant to its terms; or (ii) cease using the Service for which Omniva has engaged the Sub-processor.

6.2 Sub-processor Obligations.

Where Omniva authorizes a Sub-processor:

  • (i) Omniva will restrict the Sub-processor's access to Customer Data only to what is necessary to provide or maintain the Services;
  • (ii) Omniva will enter into a written agreement with the Sub-processor and will impose on the Sub-processor any relevant contractual obligations that Omniva has under this DPA; and
  • (iii) Omniva will remain responsible for its obligations under this DPA and for any acts or omissions of the Sub-processor that cause Omniva to breach any of Omniva's obligations under this DPA.

7. Omniva Assistance with Data Subject Requests.

The Service Controls are the technical and organizational measures by which Omniva will assist Customer in fulfilling Customer's obligations to respond to data subject requests under Applicable Data Protection Law. If a data subject makes a request to Omniva, Omniva will promptly forward such request to Customer once Omniva has identified that Customer is responsible. Customer authorizes Omniva to respond to any data subject who makes a request to Omniva. The parties agree that Customer's use of the Service Controls and Omniva forwarding data subject requests in accordance with this Section represent the scope and extent of Omniva's assistance.

8. Security Incident Notification.

8.1 Security Incident.

Omniva will (a) promptly notify Customer of a Security Incident after confirming the Security Incident, and (b) take reasonable steps to mitigate the effects and minimize any damage resulting from the Security Incident.

8.2 Omniva Assistance.

Omniva will cooperate with and assist Customer by including in the notification information about the Security Incident as Omniva is able to disclose to Customer, taking into account the nature of the processing, the information available to Omniva, and any restrictions on disclosing the information.

8.3 Limitations.

Customer agrees that an unsuccessful Security Incident will not be subject to this Section 8. Omniva's obligation to report or respond to a Security Incident under this Section 8 is not an acknowledgement by Omniva of any fault or liability.

8.4 Communication.

Notifications of Security Incidents, if any, will be delivered to by any means Omniva selects, including via email. It is Customer's sole responsibility to ensure Customer's administrators maintain accurate contact information on the Omniva console.

8.5 Notification Obligations.

Customer will be responsible for (a) determining if there is any resulting notification or other obligation under Applicable Data Protection Law and (b) taking necessary action to comply with those obligations.

9. Customer Audits.

Customer elects to conduct any audit, including any inspection, it has the right to request or mandate on its own behalf, and on behalf of its controllers when Customer is acting as a processor, under Applicable Data Protection Law, by instructing Omniva to carry out its own audits. At Customer's written request, Omniva will provide copies of external audit reports. Customer has the right to request a change to this instruction by sending Omniva written notice as provided for in the Agreement. If Omniva declines to follow this updated instruction, Customer is entitled to terminate the Agreement pursuant to its terms.

10. Transfers of Personal Data.

10.1 Customer can specify the location(s) where Customer Data will be processed within the Omniva Systems (each a "Region"). Omniva will not transfer Customer Data from Customer's selected Regions except as necessary to provide the Services, or as necessary to comply with law or valid and binding order of a governmental body.

10.2 The Standard Contractual Clauses will only apply to Customer Data subject to the GDPR that is transferred to any Third Country (each a "Data Transfer").

10.2.1 When Customer is acting as a controller, the Controller-to-Processor Clauses will apply to a Data Transfer. When Customer is acting as a processor, the Processor-to-Processor Clauses will apply to a Data Transfer. Given the nature of the processing, Customer will fulfill Omniva's obligations to Customer's controllers under the Processor-to-Processor Clauses.

11. Return or Deletion of Customer Data.

This DPA will continue in force until the termination of the Agreement (the "Termination Date"). At any time up to the Termination Date, and for 90 days following the Termination Date, subject to the terms and conditions of the Agreement, Omniva will return or delete Customer Data when Customer uses the Service Controls to request such return or deletion. No later than the end of this 90-day period, Customer will close all Omniva accounts containing Customer Data.

12. Duties to Inform.

Where Customer Data becomes subject to confiscation during bankruptcy or insolvency proceedings, or similar measures by third parties while being processed by Omniva, Omniva will inform Customer without undue delay.

13. Entire Agreement; Conflict.

This DPA incorporates the Standard Contractual Clauses by reference. Except as amended by this DPA, the Agreement will remain in full force and effect. If there is a conflict between the Agreement and this DPA, the terms of this DPA will control, except that the Service Terms will control over this DPA. Nothing in this document varies or modifies the Standard Contractual Clauses.

14. Definitions.

Unless otherwise defined in the Agreement, all capitalized terms used in this DPA will have the meanings given to them below:

  • "Applicable Data Protection Law" means all laws and regulations applicable to and binding on the processing of Customer Data by a party, including, as applicable, the GDPR.
  • "Controller" has the meaning given to it in the GDPR.
  • "Controller-to-Processor Clauses" means the standard contractual clauses between controllers and processors for Data Transfers, as approved by the European Commission Implementing Decision (EU) 2021/914 of 4 June 2021.
  • "Customer Data" means the Personal Data that is uploaded to the Services under Customer's Omniva accounts.
  • "GDPR" means Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data, and repealing Directive 95/46/EC (General Data Protection Regulation).
  • "Personal Data" means personal data, personal information, personally identifiable information or other equivalent term (each as defined in Applicable Data Protection Law).
  • "Processing" has the meaning given to it in the GDPR.
  • "Processor" has the meaning given to it in the GDPR.
  • "Processor-to-Processor Clauses" means the standard contractual clauses between processors for Data Transfers, as approved by the European Commission Implementing Decision (EU) 2021/914 of 4 June 2021.
  • "Service Controls" means the controls, including security features and functionalities, that the Services provide.
  • "Standard Contractual Clauses" means (i) the Controller-to-Processor Clauses, or (ii) the Processor-to-Processor Clauses, as applicable in accordance with Section 10.
  • "Third Country" means a country outside the European Economic Area not recognized by the European Commission as providing an adequate level of protection for personal data (as described in the GDPR).