OmniCreate

Terms of use

Effective May 13, 2025

Using OmniCreate means accepting these terms

These Terms of Use (the "Terms"), in conjunction with ourPrivacy Policy, constitute the entire Agreement between Florian Woelki (Sole Proprietor Business) ("Florian Woelki", "we", "us", or "our") and you ("you", "your" or the "User"). These Terms govern your use of the omnicreate.ai website, the OmniCreate web application, the OmniCreate Desktop App, and/or the OmniCreate services (collectively, the "Service").

By using the Service, you acknowledge that you have read and agreed to these Terms, so please read them carefully. We may update these Terms from time to time. Unless otherwise required by law, we will notify you before making such changes and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use the Service. If you do not agree to our updated Terms, you can delete your account at any time.

Communications

You acknowledge and agree that we may send you emails related to your account and/or the Service for essential communications such as payment confirmations, security notices, and important updates.

Third-Party Service Providers

We collect and store only your email address for account verification and payment processing. We use trusted third-party providers for authentication, payment processing, and customer relationship management. By using the Service, you agree to their respective terms and privacy policies, which are detailed in our Privacy Policy.

Intellectual Property

You retain full ownership of all notes, documents, and content you create using the Service. Your data is stored locally on your device, and we do not claim any rights to your content.

You acknowledge and agree that we own all right, title, and interest in and to the Service, including without limitation all intellectual property rights. You agree that you will not copy, reproduce, alter, reverse engineer, clone, or modify the Service or create derivative works from the Service.

Content Right and Commercial Use

You have the unrestricted right to use, modify, publish, and monetize any content you create using the Service. This includes but is not limited to articles, notes, documentation, creative writing, and any derivative works based on your original content.

The Service provides tools for content creation, but we make no claim to ownership of your creative output. You may freely export your content at any time and use it across other platforms and applications without restriction.

Data Backup and Security

Critical: You are solely responsible for backing up your content. Since all data is stored locally on your device, we cannot recover lost content due to device failure, corruption, software issues, or accidental deletion. We strongly recommend:

  • Creating daily backups of important content to multiple locations
  • Using cloud storage synchronization services for automatic backup
  • Exporting critical content before major application updates
  • Testing your backup restoration process periodically
  • Maintaining adequate security measures on your device

We accept no liability for data loss resulting from inadequate backup practices, device failure, or local storage issues. Regular backups are essential for protecting your work.

User conduct and responsibilities

Users must comply with all applicable laws and may not use the Service for illegal or harmful purposes. The following actions are strictly prohibited:

  • Engaging in any illegal activity using the Service.
  • Creating, storing, or distributing content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable.
  • Attempting to reverse engineer, hack, or compromise the security of the Service.
  • Using the Service in a way that could damage, disable, or impair the functionality of the application.

Software License and Data Storage

We grant you a personal, non-transferable license to use the OmniCreate desktop application. You need to provide an email address for payment processing and account verification. We do not store your notes, documents, or any content on our servers; all creative work remains exclusively on your local device or cloud services you independently choose.

Upon account deletion or data removal requests, your email and account information will be flagged for removal and deleted from our systems within 30 days, and from backups within 90 days. A minimal record may remain in our CRM system for legal and business purposes, which you can request to be deleted by contacting [email protected].

International Users: These terms are governed by German law. While we welcome international users, all legal matters will be handled under German jurisdiction, though this does not supersede your local consumer protection rights where applicable.

Service availability and limitations

We are committed to ensuring that the Service is available to you with maximum reliability. While we strive to maintain an exemplary uptime record, it is important to acknowledge that unforeseeable circumstances may affect service availability.

Updates to the Service are released approximately once a week, resulting in a brief downtime of 1-2 minutes. These updates are carefully scheduled during periods of lowest usage to minimize impact on Users.

Technical Specifications and Limitations

The Service supports standard text formats and common document types. While we strive to maintain compatibility across devices and operating systems, optimal performance may vary based on your hardware specifications and available storage space.

We recommend maintaining at least 1GB of free storage space on your device for optimal performance. Large documents or extensive media libraries may require additional storage considerations.

The Service includes data export functionality, allowing you to export your content in standard formats for use with other applications or platforms.

Pricing

OmniCreate is currently in a free, limited-access beta. All locally stored content remains yours regardless of your subscription status; however, premium features may be restricted if your subscription lapses or payment fails.

When paid plans become available, existing beta users will receive at least 30 days advance notice via email. Beta users may be eligible for special promotional pricing or grandfathered access to certain features.

The Price includes the applicable VAT, if any. Any other duties or taxes, if any, will be for the account of the Customer.

Payment

If the Price for the Paid Services has not been paid in full, OmniCreate may temporarily freeze the Personal Account or suspend access to some of the features on the Services. The temporary freeze or suspension from accessing some of the features on the Services will remain effective until a valid payment method is used.

The Price includes the applicable VAT, if any. Any other duties or taxes, if any, will be for the account of the Customer.

Invoices will be sent to the Customer by email only, to the email address specified by the Customer in the Personal Account.

Renewal and cancellation of Paid Services

In case the Customer uses Paid Services that are subject to a recurring payment, the Paid Services will automatically renew at the end of their terms. The subscription renewal date will always be the day immediately following the end date of your current subscription period. The credit card used for the subscription purchase will be charged at the end of the term outlined in your receipt, unless it is updated prior to the renewal date. If we are unable to process your renewal, section 4.1 will apply.

You can cancel the Paid Services and downgrade to a free plan (if available) by selecting this option on the Webpages. Cancellation is also possible by sending an email to [email protected]

If you cancel the Paid Services before the end of your current paid up term, you will retain access to the paid features throughout the remainder of the term you purchased.

Liability

The Service and the materials provided through the Service are available to you on an 'as is' basis. To the fullest extent permitted by law, we expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property rights.

We, along with our suppliers, shall not be liable for any indirect, special, incidental, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) Your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

Specifically, "consequential loss" encompasses any form of indirect loss, including, without limitation, loss of profit, revenue, business, goodwill, opportunity, or anticipated savings, whether arising under statute, contract, tort (including negligence), indemnity, or otherwise.

It is important to note that some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations may not apply to you. In such cases, our liability will be limited to the greatest extent permitted by law.

Governing law

These Terms of Service are governed by and construed in accordance with the laws of Germany. You irrevocably submit to the exclusive jurisdiction of the courts in that location.

Statute of limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may wish to assert related in any manner to the Service must be filed within one (1) year after such claim or cause of action accrued or be forever barred.

Users with questions about this Agreement or the Privacy Policy may contact us at [email protected].

Right to terminate

We may suspend or terminate your right to use our Service and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Severability

If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Miscellaneous

These Terms constitute the entire agreement between you and us relating to your access to and use of the Service. Any additional or different terms proposed by you in any purchase order, request for proposal, or other document are hereby objected to by us and shall be void. The failure of us to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. These Terms may not be assigned or transferred by you except with our prior written consent. These Terms may be executed and delivered electronically and in one or more counterparts, each of which shall, when taken together, constitute a single document.