Effective date: August 5, 2026 · Version 1.1
1. Agreement
These Terms of Service ("Terms") are a binding agreement between Genez LLC, a New Mexico limited liability company with its registered address at 1209 Mountain Road Pl NE #8028, Albuquerque, Bernalillo County, NM 87110, USA ("TalkOmni", "we"), and the business that creates a TalkOmni workspace ("Customer", "you"). By creating an account, accepting these Terms in the sign-up form, or using the service, you accept these Terms, our Privacy Policy and, where we process personal data on your behalf, our Data Processing Agreement, which are incorporated by reference. If you accept on behalf of a company, you confirm you are authorized to bind it.
TalkOmni is offered to businesses and professionals for use in their trade or profession. It is not offered to consumers, and consumer distance-selling rules do not apply to it.
If these documents conflict, the order of precedence is: a signed order form or written quote, then the Data Processing Agreement (for data protection matters), then these Terms, then the Privacy Policy, then any other policy published on the website.
2. The service
TalkOmni is a software-as-a-service platform that provides an AI customer assistant across messaging channels (WhatsApp, Instagram, Messenger, Telegram, email), a web chat widget, AI voice calls, embeddable forms and landing pages, and a REST API. The assistant answers from the knowledge you upload, can perform approved actions against your own systems through a secure gateway, and hands conversations to your human agents in the TalkOmni inbox when needed.
3. Accounts and workspace
You must provide accurate registration information and keep your credentials confidential. You are responsible for all activity under your workspace, including the actions of members you invite and of any API key you issue. Roles and permissions (owner, admin, representative) are managed in the dashboard; keep them assigned appropriately and revoke access promptly when a member leaves.
4. Subscriptions, trials and billing
- TalkOmni is sold as a subscription with multiple plans plus optional add-ons (for example extra tool packs, voice minutes or avatar credits). Current plans, limits and prices are listed on the pricing page or in a written quote.
- New workspaces may start with a free trial that requires no credit card. When the trial ends, paid features require an active subscription.
- Payments are processed by Stripe. Prices are computed on our servers from the published catalog; promotional or displayed prices in any other medium are not binding.
- Subscriptions renew automatically each billing period until cancelled. You can cancel or change your plan anytime from the billing portal; changes take effect per the portal's terms.
- Refunds are handled per our Refund Policy.
- We may change prices with at least 30 days' prior notice; changes apply from the next billing period.
- Fees are exclusive of taxes. Prices are quoted in USD and do not include VAT, withholding, digital services or similar taxes. Where such taxes apply to a Customer outside the United States, the Customer is responsible for declaring and paying them under its own local rules (for example the reverse-charge VAT regime in Turkey and the European Union). If we are legally required to collect a tax, it is added to the invoice.
- Late or failed payment may lead to suspension after notice.
5. Your content
You retain all rights to the documents, knowledge and data you bring into your workspace and to your customers' conversation, call and form data. You grant us a limited, worldwide, non-exclusive licence to host, process and transmit this content solely to operate the service for you. You are responsible for having the necessary rights to the content you upload and for its accuracy, since the assistant answers from it.
6. AI output
The assistant generates answers with artificial intelligence grounded in your content. AI output can be incomplete or incorrect. You are responsible for the quality of your knowledge base, for configuring the assistant appropriately, for supervising conversations where the stakes are high, and for any commitments made to your customers. AI output is not legal, medical, financial or other professional advice.
7. Actions and integrations
If you connect your own backend through the tool gateway or issue an API key, you authorize TalkOmni to call your systems on your behalf within the tools you enable. Write actions are whitelisted and audit-logged. You are responsible for the credentials you provide, for the correctness of your endpoint, and for the effects of actions the assistant performs against your systems as configured by you.
8. Third-party channels
Messaging channels are operated by third parties (Meta for WhatsApp, Instagram and Messenger; Telegram). Their terms and messaging policies apply to your use of those channels, and channel availability depends on those providers. You are responsible for complying with channel rules, including consent and messaging-window requirements, and with local regulations on commercial messaging.
9. Voice calls, outbound contact and consent
Voice calls are recorded and transcribed so the assistant can operate and so you can review the conversation. Before you enable voice, and for every outbound call or callback triggered from a form, an imported list or your own website, you are responsible for:
- having a lawful basis to call the person and, where required, their prior consent, including the explicit consent and registry duties that apply in your country (in Turkey, the KVKK and the İYS commercial-message regime);
- disclosing at the start of the call that the call is handled by an AI assistant and that it is recorded, using the greeting and disclosure settings available in the dashboard;
- keeping the disclosure and any consent record accurate when you submit a lead through our API from your own form, since in that flow we receive the consent flag from your systems and cannot verify how it was collected;
- honouring opt-out and do-not-call requests.
We may suspend voice features for a workspace where we have a reasonable indication that these rules are not being met.
10. AI transparency
Where the law requires that people be told they are interacting with an AI system or that content is artificially generated (including Article 50 of the EU AI Act), the assistant discloses it by default and synthetic avatar or voice content must be labelled as such. You must not configure the assistant, its persona or its scripts to conceal that a person is talking to an AI.
11. Acceptable use
You must not use TalkOmni to send spam or unsolicited bulk messages; to distribute illegal, deceptive, infringing or harmful content; to harass or defraud; to impersonate a person or organization; to probe, disable or overload the platform; to circumvent usage limits or metering; to resell the service without a written agreement; or to build a competing service by extracting our software. We may throttle or suspend usage that threatens platform integrity or violates these rules.
12. Availability, support and beta features
We aim for high availability but do not guarantee uninterrupted operation; maintenance, upstream channel outages and force majeure can affect the service. Support is provided via support@talkomni.com. Features marked beta, preview or early access are provided without any availability or performance commitment and may change or be withdrawn.
13. Intellectual property
The TalkOmni platform, software, design and brand are the property of Genez LLC. These Terms grant you a limited, non-exclusive, non-transferable right to use the service during your subscription. No rights are granted except as stated here.
14. Data protection
Our handling of personal data is described in the Privacy Policy. Where we process personal data on your behalf, our Data Processing Agreement applies and forms part of these Terms. Each party will comply with the data protection laws applicable to it, including the GDPR and the KVKK where relevant.
15. Your indemnity
You will defend and indemnify Genez LLC against third-party claims, regulatory proceedings, fines and reasonable legal costs arising from: the content you upload or your assistant sends; the conversations, calls and messages sent to your end users; your failure to obtain a required consent or to comply with a channel, marketing, telecommunications or data protection rule; special categories of data you collect through the service without a lawful basis; and actions the assistant performs against your systems as configured by you. We will notify you of the claim without undue delay and give you reasonable cooperation.
16. Suspension and termination
You may stop using the service and cancel your subscription at any time. We may suspend or terminate a workspace for material breach of these Terms, for non-payment, or where required by law; where practical we will notify you first. Upon termination we make workspace data available for export for 30 days, after which it is deleted per the Privacy Policy.
17. Disclaimers and liability
The service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim implied warranties and are not liable for indirect, incidental, special or consequential damages, or for loss of profits, revenue or data. Our total aggregate liability for all claims is limited to the fees you paid for the service in the twelve months preceding the event giving rise to the claim. Nothing in these Terms excludes liability that cannot be excluded by law.
18. Publicity
We may identify you as a Customer by name and logo on our website and in sales materials, in a factual and non-endorsing way. You can withdraw that permission at any time by emailing support@talkomni.com, and we will remove the reference within a reasonable period.
19. Export control and sanctions
You confirm that you are not located in, organized under the laws of, or ordinarily resident in a country or territory subject to comprehensive United States sanctions, and that you are not listed on a United States restricted-party list. You will not use the service in breach of applicable export control or sanctions law.
20. Changes to these Terms
We may update these Terms as the service evolves. Material changes are announced in the dashboard or by email at least seven days before the stated effective date. Continued use after the effective date constitutes acceptance. If you do not accept a change, your remedy is to cancel before it takes effect.
21. Governing law and dispute resolution
These Terms are governed by the laws of the State of New Mexico, United States, without regard to conflict-of-law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.
Before starting any formal proceeding, the parties will attempt in good faith to resolve the dispute by written notice to the other party and 30 days of negotiation.
If the dispute is not resolved, it will be finally settled by binding arbitration before a single arbitrator, seated in Albuquerque, New Mexico, and conducted remotely by videoconference and written submissions in English, so that neither party has to travel. The arbitrator's award is final and enforceable in any competent court, including under the 1958 New York Convention.
Claims are brought on an individual basis only. Neither party may bring a class, collective or representative action, and the arbitrator may not consolidate claims of more than one Customer.
Any claim must be brought within one year of the date the claiming party knew or should have known of the facts giving rise to it; after that it is waived to the extent permitted by law.
Nothing in this section prevents either party from seeking urgent injunctive relief to protect intellectual property or confidential information in any competent court, and nothing prevents a person from lodging a complaint with a data protection or other supervisory authority. Mandatory provisions of the law of the Customer's own country continue to apply where they cannot be excluded by contract.
22. General
These Terms are the entire agreement between the parties on their subject matter and replace earlier proposals and understandings. You may not assign them without our written consent; we may assign them to an affiliate or in connection with a merger or sale of assets. If a provision is held unenforceable, the rest stays in force and the provision is applied as closely as possible to its original intent. A failure to enforce a right is not a waiver of it. Sections on your content, indemnity, liability, governing law and dispute resolution survive termination. Notices to us go to support@talkomni.com; notices to you go to the email addresses registered in your workspace. Neither party is liable for delay caused by events beyond its reasonable control.
23. Contact
Genez LLC 1209 Mountain Road Pl NE #8028, Albuquerque, NM 87110, USA support@talkomni.com · https://talkomni.com