Legal

Terms of Service

Last updated: 16 March 2026

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you") and Omniday ApS ("Omniday", "we", "us"), a company incorporated in Denmark (CVR: 41509775).

By accessing or using the Omniday platform at www.omniday.ai (the "Platform"), you agree to be bound by these Terms. If you do not agree, you must not use the Platform.

2. Description of Service

Omniday provides an AI-powered customer service platform ("Services") delivered as a Software-as-a-Service (SaaS) solution. The Services currently comprise: (a) an AI chat widget for web-based customer conversations, and (b) in early access, AI-drafted email replies with human approval before sending — available to customers by agreement while the channel is rolled out. Additional channels (including voice and SMS) will be added as they become generally available and are not part of the current Service.

3. Account Registration

• You must provide accurate, complete, and current information during registration.
• You are responsible for maintaining the confidentiality of your account credentials.
• You must be at least 18 years old and have the legal authority to bind the entity you represent.
• One person or entity may not maintain more than one free trial account.

4. Subscription & Billing

• Subscriptions are billed in advance on a monthly or annual basis as selected during checkout.
• All fees are quoted in EUR and are exclusive of applicable VAT. Danish VAT (moms) at 25% will be added where required.
• We reserve the right to change pricing with 30 days' written notice. Price changes take effect at the next renewal period.
• Refunds are not provided for partial subscription periods, except where required by applicable law.

5. Free Trial

We may offer a 14-day free trial. No credit card is required during the trial. At the end of the trial, your account will be automatically downgraded unless you select a paid plan. We reserve the right to modify or discontinue the trial at any time.

6. Acceptable Use

You agree not to:

• Use the Platform for any unlawful purpose or in violation of any applicable law
• Transmit malware, spam, or any harmful code
• Attempt to gain unauthorised access to any part of the Platform
• Reverse engineer, decompile, or disassemble the Platform
• Use the Platform to infringe on the intellectual property rights of others
• Resell or sublicense access without our written consent
• Use automated tools to scrape or extract data from the Platform

7. Intellectual Property

All rights, title, and interest in and to the Platform, including all software, algorithms, designs, trademarks, and content, are and remain the exclusive property of Omniday ApS. These Terms do not grant you any intellectual property rights in the Platform except the limited right to use it as described herein.

You retain ownership of all data you submit to the Platform ("Customer Data"). You grant us a limited licence to process Customer Data solely for the purpose of providing the Services.

8. Data Processing & Privacy

Our processing of personal data is governed by our Privacy Policy and, where applicable, a separate Data Processing Agreement (DPA) executed between the parties in accordance with GDPR Article 28.

9. Service Level & Availability

We aim to keep the Platform available around the clock and operate automated monitoring and alerting to detect and resolve issues quickly. Scheduled maintenance windows will be communicated at least 48 hours in advance. Where a specific availability commitment (SLA) is offered, its measurement, exclusions and remedies are defined in your Order Form or Enterprise Agreement.

10. Limitation of Liability

To the maximum extent permitted by applicable law:

• Omniday's total aggregate liability arising out of or in connection with these Terms shall not exceed the total fees paid by you in the 12 months preceding the claim.
• In no event shall Omniday be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.

Nothing in these Terms shall limit liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded under Danish law.

11. Indemnification

You agree to indemnify and hold harmless Omniday from any claims, damages, or expenses (including reasonable legal fees) arising from: (a) your breach of these Terms, (b) your use of the Platform, or (c) your violation of any applicable law or third-party rights.

12. Termination

• You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period.
• We may suspend or terminate your access immediately if you breach these Terms, upon written notice.
• Upon termination, we will make your Customer Data available for export for 30 days. After that period, we will delete it in accordance with our Privacy Policy.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or in-app notification at least 30 days in advance. Continued use of the Platform after the effective date constitutes acceptance of the revised Terms.

14. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Kingdom of Denmark, without regard to its conflict-of-law provisions.

Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the Copenhagen City Court (Kobenhavns Byret) as the court of first instance.

For consumers residing in the EU, this clause does not affect your right to bring proceedings in the courts of your member state of residence under Regulation (EU) No 1215/2012.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms, together with the Privacy Policy and any executed Order Form or DPA, constitute the entire agreement between you and Omniday regarding the Platform and supersede all prior agreements and understandings.

17. Contact

For questions about these Terms:

• Omniday ApS
• Email: hello@omniday.ai
• Address: Industrivej 21, 4000 Roskilde, Denmark