End User Terms of Service, Return and Refund Policy

These Terms of Service (the "Agreement") constitute a legal agreement between you, the person or entity accessing or using the Application ("You", "Your" or the "Customer"), and Omega POS Inc., also operating as Omega Software, a corporation incorporated under the laws of Canada with an office at 1075 North Service Road West, Unit 100, Oakville, Ontario, Canada L6M 2G2 ("Omega Software", "Omega", "We", "Us" or "Our"). This Agreement governs Your access to and use of the Application, Website, related mobile applications, services, modules, integrations, APIs, documentation and other services made available by Omega.

IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, CUSTOMER VERIFICATION OBLIGATIONS, INTELLECTUAL PROPERTY RESTRICTIONS, AND TERMS GOVERNING SUSPENSION AND TERMINATION OF ACCESS.

1. Binding Agreement and Eligibility

By creating an account, checking an acceptance box, clicking an acceptance button, signing an order or agreement that incorporates these Terms, accessing or using the Application or Website, or otherwise indicating acceptance, You agree to be bound by this Agreement. If You accept this Agreement on behalf of a company or other legal entity, You represent that You have authority to bind that entity.

The Application is intended primarily for business and commercial use. You must have the legal capacity and authority required under applicable law to enter into this Agreement. If You do not agree to this Agreement, You may not access or use the Application or Website.

Omega may update this Agreement from time to time. Unless a longer period is required by applicable law or expressly stated by Omega, updated terms become effective two (2) days after posting on the Website or within the Application. Continued use after the effective date constitutes acceptance to the maximum extent permitted by applicable law. Omega may require renewed affirmative acceptance for material changes.

2. License and Scope of Service

Subject to this Agreement and payment of applicable fees, Omega grants You a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use Omega's software platform, including Omega Cloud POS, ERP, back-office applications, mobile applications and subscribed modules (collectively, the "Application"), during the applicable subscription or license term.

Omega may update, enhance, modify, replace, add, restrict or discontinue features, reports, modules, integrations, interfaces or services from time to time. Unless expressly agreed in writing, the purchase of a subscription is not contingent upon delivery of any future functionality or feature.

3. Restrictions; Competitive Use; Reverse Engineering

You shall not, directly or indirectly, and shall not permit any third party to:

• copy, reproduce, republish, distribute, sell, sublicense, rent, lease, transfer or commercially exploit the Application, Website, documentation or any substantial part thereof except as expressly authorized by Omega;
• reverse engineer, decompile, disassemble, decode or otherwise attempt to derive source code, object code, algorithms, architecture, trade secrets or other non-public technology of the Application, except only to the limited extent such restriction is expressly prohibited by mandatory applicable law;
• use the Application, demonstrations, documentation, training materials, screenshots, screen layouts, workflows, reports, database structures, interfaces, functionality, proprietary information or other Omega materials to design, develop, improve, test, benchmark, validate, market, support or assist a product or service that competes with or substantially replicates proprietary elements of the Application;
• systematically copy, imitate or replicate Omega's proprietary user interfaces, screen layouts, reports, documentation, workflows, graphics, data structures or other protected elements;
• use scraping, bots, crawlers, automated extraction tools, artificial intelligence systems, recording technologies or similar methods to collect, analyze or reproduce Omega proprietary materials for development or improvement of another product or service;
• provide access, credentials, demonstrations, documentation or proprietary Omega materials to a competitor or to a person engaged in developing a competing product for such purpose;
• circumvent licensing, authentication, usage limits, security controls or technical restrictions; probe or test vulnerabilities without Omega's written authorization; introduce malicious code; or interfere with the integrity, performance or availability of the Application;
• use the Application in violation of applicable law, third-party rights, this Agreement or any acceptable-use policy published by Omega; or
• assist, encourage or authorize another person to engage in any prohibited activity.

Nothing in this Section is intended to prohibit lawful independent development that does not use or infringe Omega's intellectual property, confidential information, trade secrets or other proprietary rights, or any activity that cannot lawfully be restricted.

4. Customer Responsibilities and Account Security

You are responsible for Your accounts, users, credentials, configurations, permissions, data, transactions and all activity occurring under Your account. You shall maintain appropriate password and access controls, promptly notify Omega of suspected unauthorized access, and ensure that Your users comply with this Agreement and applicable law.

You are solely responsible for the legality, quality, accuracy and completeness of data entered, imported, transmitted or otherwise supplied by You or Your users ("Customer Data"). You are also responsible for configuring the Application appropriately for Your business, accounting, tax, payroll, inventory and operational requirements.

5. Omega Rights; Suspension; Restriction and Termination of Access

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OMEGA MAY, AT ITS SOLE AND ABSOLUTE DISCRETION, AT ANY TIME AND WITHOUT PRIOR NOTICE, SUSPEND, RESTRICT, DISABLE, LIMIT OR TERMINATE A CUSTOMER'S ACCOUNT, LICENSE, SUBSCRIPTION OR ACCESS TO ALL OR ANY PORTION OF THE APPLICATION, WEBSITE, MODULES, INTEGRATIONS, APIS OR RELATED SERVICES, TEMPORARILY OR PERMANENTLY, FOR ANY REASON OR FOR NO STATED REASON.

Without limiting the foregoing, Omega may act immediately where it reasonably believes there is non-payment, breach or threatened breach of this Agreement, misuse, fraud, unlawful activity, security risk, licensing circumvention, unauthorized database access, infringement of intellectual property, reverse engineering, unauthorized copying, use of Omega proprietary materials to develop or assist a competing product, conduct that may harm Omega or another customer, or any circumstance that may expose Omega, its systems or third parties to risk or liability.

Omega may also update, modify, suspend, discontinue, restrict, replace or remove any feature, function, form, report, module, integration, service or other option, temporarily or permanently, with or without prior notice, subject to mandatory applicable law. Except where expressly agreed otherwise in writing or required by mandatory law, Omega shall not be liable for loss, interruption or inconvenience resulting from such action.

6. Fees, Billing, Taxes and Credits

You shall pay all fees specified in the applicable quotation, order, invoice, subscription, license or other commercial agreement with Omega. Fees may vary by product, module, user, location, usage, transaction volume, credits, storage, interface, AI service or other agreed pricing basis.

Unless expressly stated otherwise, fees exclude applicable taxes, duties, levies, bank charges and similar governmental assessments, which are Your responsibility. Omega may suspend services for overdue amounts to the maximum extent permitted by applicable law.

Where Omega offers prepaid credits or usage-based services, credits may be consumed according to the rates displayed or agreed for the applicable service. Third-party provider pricing, exchange rates, infrastructure costs and service rates may change, and Omega may adjust future usage rates accordingly.

7. Term and Termination

This Agreement remains in effect while You access or use the Application or Website and during any active subscription or license. You may discontinue use subject to any applicable commercial commitments and payment obligations. Omega may terminate or suspend access as provided in Section 5.

Upon termination or expiration, Your right to access and use the affected services ends immediately unless Omega expressly provides otherwise. Termination does not eliminate amounts already due or obligations that by their nature should survive, including intellectual property restrictions, confidentiality obligations, payment obligations, disclaimers, limitations of liability, indemnities and dispute provisions.

Customer Data availability following termination may be limited by the applicable service, retention policy, technical capability, legal requirement and any written commercial agreement. You are responsible for exporting and retaining information required for Your business before termination or expiration. Omega does not guarantee indefinite storage or availability of Customer Data after termination.

8. Intellectual Property and Proprietary Rights

(a) Omega Ownership

Omega and its licensors retain all right, title and interest in and to the Application, Website, software, source code, object code, algorithms, architecture, APIs, databases and proprietary data structures, interfaces, screen designs, graphics, documentation, reports, templates, workflows, trademarks, trade names, logos, patents, copyrights, trade secrets, know-how, improvements, updates and other intellectual property and proprietary materials. Except for the limited license expressly granted in this Agreement, no right or ownership interest is transferred to You.

Feedback, suggestions, recommendations, enhancement requests, bug reports and other feedback regarding Omega products may be used by Omega without restriction or obligation to You, to the maximum extent permitted by law.

(b) Customer Data, Database Access and Authorized Access Methods

As between Omega and Customer, Customer retains ownership of the business data lawfully entered or generated by Customer through the Application ("Customer Data"), subject to the rights granted to Omega under this Agreement.

Customer acknowledges and agrees that ownership of Customer Data does not grant Customer any ownership of, or right to access, control, inspect, copy, connect to, administer, modify or otherwise interact directly with Omega's databases, database servers, database structures, schemas, tables, source code, infrastructure, hosting environment, credentials, internal systems, APIs not expressly made available to Customer, backup systems or other underlying technology (collectively, "Omega Systems"). Omega retains exclusive ownership and control of Omega Systems.

Omega shall determine, in its sole discretion, the methods, interfaces and technologies through which Customer Data may be accessed, viewed, reported, exported, transmitted or otherwise made available to Customer. Customer Data may be made available through the Application, Omega reporting tools, dashboards, reports, exports, authorized APIs, integrations, mobile applications, data services or any other access method that Omega considers appropriate, secure and technically suitable from time to time.

The availability of a particular report, export, API, integration or other method of accessing Customer Data does not create a continuing obligation on Omega to maintain that particular access method. Omega may modify, replace, restrict or discontinue an access method and may provide an alternative method where Omega considers appropriate, subject to mandatory applicable law and any express written agreement between the parties.

Customer shall not, and shall not permit any employee, contractor, consultant, developer, service provider or other third party to, directly or indirectly: (i) access or attempt to access an Omega database, database server, database management system, database credentials, database connection, cloud infrastructure or other underlying Omega System unless expressly authorized in writing by Omega; (ii) execute or attempt to execute SQL statements, database commands, scripts, queries, administrative tools or other direct operations against an Omega database; (iii) directly insert, update, modify, delete, extract, copy, replicate, migrate, restore, synchronize or otherwise manipulate data within an Omega database; (iv) independently create, obtain or attempt to create or obtain a database backup, database dump, snapshot, replica, copy or other direct extraction of an Omega database; (v) use database administration, development, scraping, automated extraction, reverse-engineering or similar tools to access or obtain Customer Data or information from Omega Systems outside the access methods expressly provided or authorized by Omega; (vi) obtain, use, share, disclose or attempt to discover database credentials, connection strings, security keys, internal API credentials or other means of unauthorized access to Omega Systems; or (vii) circumvent or attempt to circumvent any technical, security, licensing or access-control mechanism implemented by Omega.

Any database access, data extraction, backup, migration, integration or other technical access requested by Customer must be performed through a method expressly provided or approved by Omega. Customer acknowledges that unauthorized direct access to Omega Systems may compromise data integrity, security, performance, auditability and operation of the Application.

ANY ACTUAL OR ATTEMPTED UNAUTHORIZED ACCESS TO AN OMEGA DATABASE OR OTHER OMEGA SYSTEM SHALL CONSTITUTE A MATERIAL BREACH OF THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OMEGA MAY IMMEDIATELY AND WITHOUT PRIOR NOTICE SUSPEND, RESTRICT OR TERMINATE CUSTOMER'S ACCOUNT, SUBSCRIPTION, CONNECTIONS AND ACCESS TO ALL OR ANY PORTION OF THE APPLICATION AND OMEGA SYSTEMS IF OMEGA KNOWS, DETECTS OR REASONABLY SUSPECTS THAT CUSTOMER OR ANY PERSON ACTING ON CUSTOMER'S BEHALF HAS ENGAGED IN OR ATTEMPTED SUCH UNAUTHORIZED ACCESS.

Such suspension or termination is without prejudice to any other contractual, technical or legal remedies available to Omega.

Omega and its authorized service providers may access, host, process, transmit, copy, back up, restore, secure, monitor, analyze and otherwise process Customer Data as reasonably necessary to provide, operate, maintain, support, secure, improve and protect the Application and Omega Systems, to comply with applicable law, and as otherwise described in Omega's Privacy Policy and applicable agreements.

(c) Aggregated and De-identified Information

To the extent permitted by applicable law, Omega may generate and use aggregated, statistical and de-identified information derived from use of the Application for analytics, security, service improvement, benchmarking and business operations, provided such information does not identify Customer or an individual as required by applicable law.

9. Disclaimers; Reports; Data Accuracy; AI and Limitation of Liability

BY ACCESSING OR USING THE APPLICATION OR WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THE DISCLAIMERS AND LIMITATIONS IN THIS SECTION.

(a) No Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION, WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". OMEGA DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY AND ERROR-FREE OPERATION. OMEGA DOES NOT WARRANT ANY MINIMUM UPTIME UNLESS EXPRESSLY PROVIDED IN A SEPARATE WRITTEN SERVICE LEVEL AGREEMENT.

(b) Reports, Calculations and Customer Verification

The Application may provide reports, dashboards, financial statements, accounting reports, inventory reports, sales reports, payroll reports, tax calculations, commissions, analytics, forecasts, balances, recommendations and other calculations or outputs (collectively, "Reports"). Reports may from time to time contain errors, inaccuracies, omissions, discrepancies, delays, incomplete information, rounding differences or calculation differences.

Reports may be affected by Customer Data, user actions, configuration settings, accounting or tax setup, integrations, synchronization delays, connectivity, third-party systems, software defects, direct database access, data imports, modifications, rounding or circumstances outside Omega's reasonable control. Omega does not warrant that any Report will at all times be complete, accurate, current or error-free.

THE CUSTOMER IS SOLELY RESPONSIBLE FOR REVIEWING AND INDEPENDENTLY VERIFYING ALL MATERIAL REPORTS, CALCULATIONS, BALANCES AND OUTPUTS BEFORE RELYING ON THEM FOR ACCOUNTING, TAXATION, PAYROLL, INVENTORY, PURCHASING, FINANCIAL REPORTING, REGULATORY COMPLIANCE, BUSINESS DECISIONS OR ANY OTHER MATERIAL PURPOSE. The Application is a business management tool and is not a substitute for professional accounting, tax, legal, financial or other professional advice.

(c) AI, OCR, Forecasts and Automated Outputs

Some services may use artificial intelligence, machine learning, optical character recognition (OCR), automated classification, forecasting or third-party AI services. Such outputs may be inaccurate, incomplete or inappropriate and must be reviewed by the Customer before use. Customer is responsible for validating extracted invoice information, accounting entries, recommendations, generated content, forecasts and other automated outputs before posting, submitting or relying on them. Omega does not guarantee the accuracy or suitability of AI- or OCR-generated results.

(d) Third-Party Services and Integrations

The Application may depend upon or integrate with third-party infrastructure, cloud providers, payment processors, messaging services, marketplaces, hardware, telecommunications providers, AI providers, APIs and other third-party products or services. Omega does not control such third parties and, to the maximum extent permitted by applicable law, is not responsible for their acts, omissions, availability, security, pricing, changes, errors, outages, data practices or discontinuation. Third-party terms may also apply.

(e) Availability and Business Continuity

The Application may be interrupted, delayed, unavailable or operate slowly because of maintenance, updates, network conditions, infrastructure failures, cyber incidents, third-party failures or other causes. Customer shall maintain reasonable contingency and business-continuity procedures appropriate for its operations.

(f) Customer Data, Backups and Direct Database Access

Customer is responsible for maintaining appropriate copies, exports and backups of business-critical data to the extent reasonably available through the service or otherwise agreed. Omega is not responsible for data entry errors, omissions, unauthorized changes, deletion or corruption caused by Customer, Customer users, third parties, direct database access, unsupported modifications, external systems or circumstances outside Omega's reasonable control. Nothing in this paragraph limits any obligation of Omega that cannot lawfully be excluded.

(g) Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OMEGA AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, REPUTATION, ANTICIPATED SAVINGS OR DATA, BUSINESS INTERRUPTION, TAX OR REGULATORY PENALTIES, INVENTORY DISCREPANCIES, ACCOUNTING DISCREPANCIES, OR LOSSES ARISING FROM CUSTOMER RELIANCE ON REPORTS, CALCULATIONS, AI OUTPUTS OR OTHER APPLICATION OUTPUTS, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(h) Aggregate Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OMEGA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE APPLICATION, WEBSITE OR SERVICES SHALL NOT EXCEED THE GREATER OF (I) USD $50 OR (II) THE FEES ACTUALLY PAID TO OMEGA BY THE CUSTOMER FOR THE SPECIFIC AFFECTED SERVICE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. If applicable law does not permit a particular exclusion or limitation, liability shall be limited to the maximum extent permitted by that law.

(i) Non-Excludable Liability

Nothing in this Agreement excludes or limits liability, remedies, warranties or rights that cannot lawfully be excluded or limited under mandatory applicable law.

10. Indemnification

To the maximum extent permitted by applicable law, You agree to defend, indemnify and hold harmless Omega, its parents, subsidiaries, affiliates, suppliers, licensors, partners, officers, directors, employees, agents and representatives from claims, damages, liabilities, penalties, losses, costs and reasonable legal fees arising from or relating to Your Customer Data, Your or Your users' use or misuse of the Application, Your violation of applicable law or third-party rights, Your breach of this Agreement, or unauthorized access caused by Your failure to safeguard credentials, except to the extent caused by Omega where such responsibility cannot lawfully be excluded.

11. Force Majeure

Omega shall not be liable for failure or delay caused by events beyond its reasonable control, including natural disasters, fire, flood, earthquake, severe weather, epidemic or pandemic, war, terrorism, civil disturbance, governmental action, sanctions, changes in law, labor disputes, utility or telecommunications failure, internet disruption, cyberattack, denial-of-service attack, cloud or hosting provider outage, third-party service failure, hardware failure, supply-chain interruption, emergency maintenance or inability to obtain required licenses, authorizations or services.

12. Acceptable Use and General Website Terms

You shall use the Website and Application only for lawful purposes and in good faith. You shall not upload, transmit, distribute or make available material that is unlawful, fraudulent, deceptive, defamatory, infringing, malicious, invasive of privacy, abusive, harassing, discriminatory in violation of applicable law, or designed to compromise systems or data.

You shall not impersonate another person or entity, misrepresent Your affiliation, send unlawful unsolicited communications, collect personal information unlawfully, harm minors, interfere with another user's use of the services, or use the services for unauthorized advertising, gambling or other unlawful activity.

Omega may remove content, restrict activity, block communications or take other protective action where Omega considers it appropriate, subject to applicable law. Omega has no general obligation to monitor Customer content unless required by law or expressly agreed in writing.

13. Copyright and Intellectual Property Complaints

Omega respects the intellectual property rights of others. If You believe material available through the Website or Application infringes Your copyright or other intellectual property rights, please send a notice to support@omegapos.com containing sufficient information to identify the protected work, the allegedly infringing material and its location, Your contact information, the basis of Your claim, and a statement that the information supplied is accurate and that You are the rights owner or authorized to act on the owner's behalf. Omega may request additional information required by applicable law.

14. Governing Law, Jurisdiction and International Application

This Agreement and any dispute, claim or controversy arising out of or relating to this Agreement, the Application, Website or services shall, to the maximum extent permitted by applicable law, be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.

To the maximum extent permitted by applicable law, the parties irrevocably submit to the exclusive jurisdiction of the courts located in Ontario, Canada for disputes arising out of or relating to this Agreement, the Application, Website or services. Where mandatory applicable law prevents enforcement of that exclusive forum, this provision shall apply to the maximum extent legally permitted.

The Customer acknowledges that Omega provides services internationally. The disclaimers, limitations of liability, Customer verification obligations, intellectual property protections, restrictions on use, suspension and termination rights, indemnification obligations and other protections in this Agreement are intended to apply worldwide and to the maximum extent permitted by applicable law.

If the law of a country, state, province, territory or other jurisdiction prohibits or restricts a particular disclaimer, exclusion, limitation or remedy in this Agreement, that provision shall be enforced to the maximum extent permitted by that law and modified only to the minimum extent necessary to make it enforceable while preserving its intended effect as closely as legally permitted. Invalidity or unenforceability in one jurisdiction shall not by itself affect enforceability in another jurisdiction.

15. Return and Refund Policy

EXCEPT WHERE A REFUND, CANCELLATION RIGHT OR OTHER REMEDY IS REQUIRED BY MANDATORY APPLICABLE LAW OR EXPRESSLY AGREED BY OMEGA IN WRITING, ALL FEES, LICENSES, SUBSCRIPTIONS, CREDITS, PRODUCTS AND SERVICES PURCHASED FROM OMEGA ARE NON-CANCELLABLE AND NON-REFUNDABLE, AND OMEGA DOES NOT ACCEPT RETURNS.

Suspension, restriction, termination, discontinuation of a feature, Customer non-use or Customer's decision to stop using the Application does not automatically create a right to a refund, credit or reimbursement, except where required by mandatory applicable law or expressly agreed in writing by Omega.

16. Confidentiality

Non-public information disclosed by Omega that reasonably should be understood to be confidential or proprietary, including non-public product information, technical information, pricing, security information, demonstrations, documentation, designs, roadmaps and trade secrets, shall not be disclosed or used except as necessary for the authorized use of the Application. This obligation does not apply to information that the receiving party can demonstrate was lawfully known without restriction, independently developed without use of confidential information, lawfully received from a third party without confidentiality obligation, or publicly available through no breach of this Agreement. Legally compelled disclosure may be made where required by law, subject to legally permitted notice and protective measures.

17. Privacy and Data Protection

Omega's processing of personal information is also governed by its Privacy Policy and any applicable data-processing agreement. Each party is responsible for complying with data-protection and privacy laws applicable to its own activities. Customer shall obtain any notices, permissions, consents or lawful bases required for Customer Data that it instructs Omega to process. Where mandatory privacy or data-protection law imposes obligations that cannot be varied by contract, those obligations shall apply.

18. Export Controls, Sanctions and Legal Compliance

You shall not access, export, re-export, transfer or use the Application in violation of applicable export-control, sanctions, anti-corruption or other applicable trade laws. You represent that Your use of the Application will comply with laws applicable to Your business and jurisdiction.

19. Electronic Communications and Evidence of Acceptance

You consent to receiving notices and communications electronically where permitted by law. Omega may maintain electronic records relating to acceptance of this Agreement, including Customer or account identifiers, user identifiers, Agreement version, date and time of acceptance, technical logs and other evidence reasonably used to demonstrate acceptance and use of the services, subject to applicable privacy law.

20. Miscellaneous

Each party shall bear its own costs and expenses unless otherwise provided by this Agreement, a written commercial agreement or applicable law. You may not assign or transfer this Agreement or Your access rights without Omega's prior written consent. Omega may assign this Agreement in connection with a corporate reorganization, merger, acquisition, sale of business or assets, or to an affiliate or successor, subject to applicable law.

If any provision is held invalid or unenforceable, the remaining provisions shall remain in effect and the affected provision shall be interpreted or modified to the minimum extent necessary to make it enforceable while preserving its intent. A failure by Omega to enforce a provision is not a waiver of that provision or any other right.

This Agreement, together with any applicable order, quotation, subscription terms, Privacy Policy, data-processing agreement and other written terms expressly incorporated by reference, constitutes the agreement governing the applicable services. In the event of a direct conflict, a separately signed written agreement expressly stating that it overrides these Terms will control to the extent of that conflict.

This Agreement may be translated for convenience. To the maximum extent permitted by applicable law, the English version governs in the event of inconsistency between translations.

By accessing or using the Application, You acknowledge that You have read, understood and agreed to this Agreement.