Terms of Service

1. Business use only

The Service is offered to businesses and organizations, not to consumers. The person accepting these Terms confirms that they have authority to bind the Customer.

2. Definitions

• “Order” means the quote, order form or other written document, accepted by both parties, that sets out the plan, the subscription term and the subscription fees.
• “Customer Data” means the procedures, checklists, records, photos, notes and other content that you or your users put into the Service.
• “Users” means the people you authorize to use the Service under your account, such as owners, managers and staff.

3. The Service

Ombric provides online software for writing operating procedures, scheduling recurring checklists, assigning them by site and role, recording their completion with photos and notes, keeping a time-stamped history, versioning procedures, sending overdue reminders and producing completion reports, as described in your Order and on our website.

The Service records what your Users do. It does not certify, guarantee or monitor that your business complies with any law, regulation or standard, and it is not a substitute for professional advice.

4. Accounts and Users

You are responsible for the accounts created under your subscription, for keeping sign-in details confidential, for the roles and permissions you give to Users, and for everything done under your account.

You will tell us promptly at contact@ombricllc.com if you believe an account has been accessed without authorization.

5. Orders, subscription term and renewal

Each Order sets out the plan, the number of sites or Users where relevant, the subscription term and the subscription fees.

Unless the Order says otherwise, the subscription renews for a term of the same length at the end of each term, unless either party gives notice of non-renewal before the end of the current term as described in our Cancellation Policy.

6. Fees and invoices

You agree to the subscription fees as set out in your Order. Fees are invoiced in advance for each subscription term, in the currency and on the schedule stated in the Order, and are due within the period stated on the invoice.

Fees are exclusive of applicable taxes, which are added where required. Fees for a term already started are not refundable except as stated in the Order, in our Cancellation Policy, or where the law requires it.

If an invoice remains unsettled after its due date, we may, after giving you written notice and at least 14 days to resolve it, suspend access to the Service until it is resolved.

We may change fees for a renewal term by giving you written notice at least 30 days before that term begins.

7. Customer Data

You keep all rights in your Customer Data. You grant us a limited right to host, process and display it only as needed to provide, secure and support the Service.

Where Customer Data includes personal data, we process it on your behalf under our Data Processing Agreement, which forms part of these Terms.

You are responsible for the lawfulness of the Customer Data you put into the Service, including photos and notes about people, and for informing your staff about how the Service is used.

8. Acceptable use

You and your Users will use the Service in line with our Acceptable Use Policy. We may suspend access that breaches it, as described in that policy.

9. Availability, maintenance and support

We work to keep the Service available and to schedule maintenance at times that limit disruption. The Service is provided over the internet and may occasionally be interrupted; we do not promise uninterrupted availability unless an Order says so.

Support is provided by email at contact@ombricllc.com on business days.

10. Changes to the Service

We may improve or change the Service. We will not materially reduce the core functions of your plan during a current subscription term without your agreement.

11. Intellectual property

We own the Service, its software, design and documentation. Your subscription gives you a non-exclusive, non-transferable right to use the Service for your internal business purposes during the subscription term.

If you send us suggestions, we may use them without obligation to you.

12. Confidentiality

Each party will keep the other party’s non-public information confidential, use it only for the purposes of this agreement, and protect it with reasonable care.

13. Disclaimers

Except as expressly stated in these Terms or an Order, the Service is provided “as is” and “as available”, and we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement, to the extent permitted by law.

14. Limitation of liability

To the extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, arising out of this agreement.

To the extent permitted by law, each party’s total liability arising out of this agreement is limited to the subscription fees invoiced to the Customer for the Service in the twelve months before the event giving rise to the claim. These limits do not apply to a party’s breach of confidentiality, to the Customer’s obligation to settle fees, or to liability that cannot be limited by law.

15. Term, cancellation and termination

These Terms apply for as long as you have an active subscription. You may cancel as described in our Cancellation Policy.

Either party may terminate this agreement by written notice if the other party materially breaches it and does not cure the breach within 30 days of being notified.

On expiry or termination, your access ends. You may request a copy of your Customer Data within 30 days, after which we delete it as described in our Data Processing Agreement.

16. Governing law and courts

These Terms are governed by the laws of the State of Colorado, without regard to its conflict of laws rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Arapahoe County, Colorado.

17. Notices and general terms

Notices to us must be sent to contact@ombricllc.com or by post to 7411 S Gartrell Rd, Aurora, CO 80016, USA. We send notices to the account owner’s email address.

If an Order conflicts with these Terms, the Order prevails for that subscription. If a provision is found unenforceable, the rest remains in effect. Neither party may assign this agreement without the other’s consent, except to a successor of its business. These Terms, the Order and the documents they refer to are the entire agreement between the parties on their subject.

We may update these Terms. Changes apply from your next renewal term, or earlier if you agree to them in writing.