Terms of Service

Effective Date: 01/09/2025 Last Updated: 01/09/2025

1. Agreement and Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Phoenix Solutions Group ("Company," "we," "us," or "our"), governing your use of the Omni Text API service and platform ("Service"). By creating an account, accessing our API, or using our Service, you agree to be bound by these Terms and our Privacy Policy.

Contact Information:

  • Company: Phoenix Solutions Group
  • Location: New South Wales, Australia
  • Legal Contact: phoenix@phoenixsolutionsgroup.com.au

2. Service Description

Omni Text is a document processing API service that allows developers to upload files and receive extracted text, embeddings, and metadata. The Service processes various document formats as specified at https://omnitext.io/supported-formats.

2.1 Service Features

  • File upload and text extraction via REST API
  • Support for multiple document formats
  • Synchronous and asynchronous processing (via webhooks)
  • API key management and usage analytics
  • Multiple subscription tiers with varying features

2.2 Beta Service Notice

The Service is currently offered as a beta product. During this beta period (expected to last 6-12 months), the Service is provided on a "best effort" basis without uptime guarantees. We may implement changes, updates, or temporary service interruptions as we optimize performance and features.

3. Account Registration and API Access

3.1 Account Requirements

  • You must create an account to access the Service
  • You must provide accurate and complete registration information
  • You are responsible for maintaining the security of your account credentials
  • You must be at least 18 years old or have legal capacity to enter contracts

3.2 API Key Management

  • API access requires generating API keys through your dashboard
  • You are responsible for keeping your API keys secure and confidential
  • You must not share API keys with unauthorized parties
  • You can enable/disable pay-as-you-go billing for each API key
  • Lost or compromised API keys should be regenerated immediately

4. Subscription Plans and Billing

4.1 Service Tiers

Service tiers, pricing, features, and credit allocations are defined at https://omnitext.io/pricing#plans. Current offerings include:

  • Free Tier: Monthly credit allocation with basic API rate limits
  • Subscription Tiers: Paid plans with increased monthly credits and higher rate limits
  • Enterprise: Custom solutions with dedicated support and SLA options
  • Pay-As-You-Go: Additional credits beyond monthly allocation (when enabled for your API key)

4.2 Billing and Payments

  • Subscription fees are billed monthly in advance
  • Pay-as-you-go charges are billed for usage exceeding monthly credit allocation
  • Payment failure results in immediate downgrade to free tier
  • We reserve the right to suspend service for overdue accounts
  • All fees are non-refundable unless otherwise specified
  • Prices may change with 30 days' written notice to active subscribers

4.3 Credit Usage

  • Credits are consumed based on processing complexity and file size
  • Unused monthly credits do not roll over to subsequent months
  • Real-time credit usage is available in your dashboard
  • When monthly credits are exceeded, pay-as-you-go billing activates (if enabled) or API access is suspended

5. Acceptable Use Policy

5.1 Permitted Uses

You may use the Service for legitimate business and development purposes, including:

  • Processing your own documents and files
  • Building applications that integrate with our API
  • Extracting text and metadata for analysis or storage
  • Processing documents you have legal rights to access

5.2 Prohibited Uses

You may NOT use the Service for:

  • Processing copyrighted material owned by third parties without authorization
  • Uploading illegal, harmful, or malicious content
  • Attempting to reverse engineer, decompile, or extract our algorithms
  • Overwhelming our systems with excessive requests beyond your rate limits
  • Using the Service to spam, harass, or harm others
  • Violating any applicable laws or regulations
  • Bypassing usage limits or access controls

5.3 Content Responsibility

  • You are solely responsible for all content you upload and process
  • You represent that you have all necessary rights to process uploaded content
  • You indemnify us against claims arising from your content or usage
  • We reserve the right to refuse processing content we deem inappropriate

6. Data Processing and Privacy

6.1 Data Handling

  • Uploaded files are processed only for the duration of each API request
  • Files are permanently deleted upon completion of processing (synchronous or asynchronous)
  • Processed text and metadata belong to you and are not stored by us
  • We collect usage analytics as described in our Privacy Policy

6.2 Data Security

  • We implement industry-standard security measures
  • Data is encrypted in transit and at rest
  • Processing occurs on secure Google Cloud Platform infrastructure across global regions
  • We cannot guarantee absolute security of data during transmission or processing

6.3 Privacy Compliance

  • Our data practices are governed by our Privacy Policy
  • Enterprise customers and those processing personal data should review our Data Processing Agreement at https://omnitext.io/dpa
  • We comply with applicable privacy laws including GDPR, CCPA, and Australian Privacy Act
  • Account deletion permanently removes all associated data
  • We do not sell or rent your personal information to third parties

7. Service Availability and Performance

7.1 Service Levels

  • Service is provided "as is" during beta period
  • We strive for high availability but do not guarantee uptime
  • Scheduled maintenance will be announced when possible
  • Emergency maintenance may occur without notice

7.2 Rate Limits and Usage Restrictions

  • API requests are subject to rate limits based on your subscription tier
  • File size limits may apply and vary by subscription level
  • We may implement additional usage restrictions to ensure service stability
  • Excessive usage beyond your plan limits may result in temporary restrictions

8. Intellectual Property

8.1 Service IP

  • The Omni Text platform, API, and underlying technology are owned by Phoenix Solutions Group
  • You receive no ownership rights in our Service or technology
  • Our trade names, trademarks, and service marks remain our exclusive property

8.2 Your Content

  • You retain all rights to content you upload and process
  • Processed outputs (extracted text, embeddings, metadata) belong to you
  • You grant us a limited license to process your content solely to provide the Service
  • This license terminates when processing is complete and files are deleted

8.3 Third-Party IP

  • You are responsible for respecting third-party intellectual property rights
  • We respond to valid DMCA takedown notices and may suspend accounts for repeated infringement
  • You agree to indemnify us against IP infringement claims arising from your use

9. Limitation of Liability

9.1 Service Disclaimers

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 Liability Limits

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • Our total liability is limited to the amount paid by you in the 12 months preceding the claim
  • We are not liable for indirect, incidental, punitive, or consequential damages
  • We are not liable for data loss, business interruption, or lost profits
  • We are not liable for inaccuracies in processed text or metadata

9.3 Specific Exclusions

We are not liable for:

  • Service outages or performance issues during beta period
  • Data breaches occurring during transmission or processing
  • Business decisions made based on processed content
  • Third-party claims regarding processed content
  • Damages exceeding your subscription fees

10. Indemnification

You agree to indemnify, defend, and hold harmless Phoenix Solutions Group and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of applicable laws or third-party rights
  • Content you upload or process through the Service
  • Your breach of representations and warranties herein

11. Termination

11.1 Termination by You

  • You may terminate your account at any time through your dashboard
  • Account termination immediately deletes all associated data
  • You remain responsible for charges incurred before termination
  • No refunds are provided for prepaid subscription fees

11.2 Termination by Us

We may suspend or terminate your access immediately for:

  • Violation of these Terms or our Privacy Policy
  • Non-payment of fees after reasonable notice
  • Illegal or harmful use of the Service
  • Technical or security reasons
  • Discontinuation of the Service (with reasonable notice)

11.3 Effect of Termination

Upon termination:

  • Your API access is immediately revoked
  • All data associated with your account is permanently deleted
  • You must cease all use of the Service
  • Survival clauses remain in effect (IP, liability, indemnification)

12. Modifications and Updates

12.1 Service Changes

  • We may modify, update, or discontinue Service features at any time
  • Beta service changes may occur without advance notice
  • Material changes affecting pricing or core functionality will be communicated via email
  • Continued use after changes constitutes acceptance

12.2 Terms Updates

  • We may update these Terms periodically
  • Updated Terms will be posted with a new effective date
  • Material changes will be communicated to registered users
  • Your continued use constitutes acceptance of updated Terms

13. Legal and Governing Law

13.1 Jurisdiction

These Terms are governed by the laws of New South Wales, Australia, without regard to conflict of law principles. Any disputes will be resolved in the courts of New South Wales, Australia.

13.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

13.3 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Phoenix Solutions Group regarding the Service.

13.4 No Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

14. Contact Information

For questions about these Terms or the Service:

Email: phoenix@phoenixsolutionsgroup.com.au
Subject Line: Terms of Service Inquiry - Omni Text
Company: Phoenix Solutions Group
Location: New South Wales, Australia

We will respond to inquiries within reasonable business timeframes.

Last Updated: 01/09/2025

These Terms of Service are designed for compliance with Australian consumer law and international best practices. This document does not constitute legal advice. Consider consulting with a qualified attorney for specific legal guidance.