Terms of Use

1. Agreement to These Terms

These Terms of Use ("Terms") govern access to and use of Omniview (the "Service"), a software application operated by Mobiah, Inc. ("Mobiah", "we", "us"). By creating an account, clicking "I agree" (or a similar control), or otherwise accessing or using the Service, the individual and the organization on whose behalf they act ("you" or "Customer") agree to these Terms. If you do not agree, do not access or use the Service.

If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization, and "you" and "Customer" refer to that organization.

1.1 How Omniview is Made Available

Omniview is offered in two ways, and these Terms apply to both:

• Self-serve subscription. You sign up directly, accept these Terms electronically (clickwrap), and access Omniview as a standalone software-as-a-service product under the plan you select.
• Extension to Mobiah service engagements. Where you engage Mobiah for consulting or go-to-market services under a Master Services Agreement ("MSA") and Statement of Work, Omniview may be provided as an additional layer within that engagement. In that case these Terms govern your use of the Omniview software, and the MSA governs the services engagement. If a term here conflicts with a signed MSA between you and Mobiah, the signed MSA controls for the subject matter it addresses.

1.2 Changes to These Terms

We may update these Terms from time to time. If we make a material change, we will provide reasonable notice (for example, by email or in-product notice) before it takes effect. Your continued use of the Service after the effective date of a change constitutes acceptance of the updated Terms.

2. The Service

Omniview is a presentation and query layer for go-to-market data. It reads from the systems you connect (for example, your CRM, marketing, enrichment, and analytics tools), builds curated reports and organization-level intelligence, and presents them to your authorized users and, where you enable it, to an authorized AI client via the Model Context Protocol ("MCP").

Your connected systems remain your system of record. Omniview does not replace your CRM or marketing systems and does not maintain a replica of your books. To render a view, Omniview reads the systems you have connected, over an encrypted connection, and holds working copies of the results as described in Section 6 and in the Data Processing Addendum. Most working copies exist only in application memory and expire within hours or days; certain reports persist their last computed result as an encrypted, time-limited snapshot; and, if you use Signals or connect an AI client, Omniview keeps an encrypted, time-limited cache of organization-level firmographic and activity data. Expired working copies are automatically purged.

2.1 Connectors and Your Credentials

The Service works by connecting to third-party systems you choose to connect. When you connect a system, you authorize Omniview to access it using the credentials or tokens you supply, on a read-only basis, solely to provide the Service. You are responsible for having the rights and permissions necessary to connect those systems and to authorize Omniview's access to the data in them.

2.2 AI Clients and MCP

If you enable MCP access, Omniview will serve allowlisted, organization-level cached records to the AI client you designate (for example, Claude) over an authenticated connection. That AI client operates under your control and credentials, and your use of it is governed by your agreement with the AI client's provider, not by these Terms. You are responsible for the AI clients you connect and for the access you grant them.

3. Accounts, Access, and Security

• Eligibility. The Service is for business use by users aged 18 or older. It is not directed to consumers or to children.
• Account security. You are responsible for safeguarding your account credentials, for enabling available security controls (such as multi-factor authentication and IP allowlisting), and for all activity under your account.
• Authorized users. You may permit your personnel to use the Service under your account. You are responsible for their compliance with these Terms.
• Notification. Notify us promptly at [email protected] if you suspect unauthorized access to or use of your account.

4. Acceptable Use

You agree not to, and not to permit any user to:

• Use the Service in violation of any applicable law or regulation, or in violation of the terms of any system you connect;
• Connect a system, or upload or process data, that you do not have the right to access or process, or that you are contractually or legally prohibited from sharing;
• Use the Service to process special categories of data or other highly sensitive personal data (for example, health, biometric, precise-geolocation, financial-account, or government-identifier data) beyond the organization-level business data the Service is designed for. Omniview is not designed to ingest special-category data, and you are responsible for the data your connected systems expose to it;
• Attempt to gain unauthorized access to the Service, other customers' data, or Mobiah's systems, or to circumvent tenant isolation, rate limits, or security controls;
• Reverse engineer, decompile, or attempt to derive source code from the Service, except to the extent this restriction is prohibited by applicable law;
• Resell, sublicense, or provide the Service to third parties as a standalone service bureau, except as expressly permitted in writing;
• Introduce malware, or use the Service to disrupt or impair its integrity or performance.

5. Plans, Fees, and Taxes

Paid plans, fees, and billing cycles are as presented at sign-up or in your order or SOW. Unless stated otherwise: fees are billed in advance, are non-refundable except as required by law or expressly stated, and are exclusive of taxes, which are your responsibility. We may change fees for a renewal term with prior notice. If any fee is past due, we may suspend the Service after reasonable notice.

6. Your Data and Privacy

Your Data. As between you and Mobiah, you retain all rights in the data drawn from your connected systems and processed through the Service ("Customer Data"). You grant Mobiah a limited license to access, process, and display Customer Data solely to provide and support the Service.

Data Processing Addendum. Mobiah's processing of personal data within Customer Data is governed by the Omniview Data Processing Addendum (the "DPA"), which is incorporated into these Terms by reference and available at mobiah.com/data-processing. The DPA describes the categories of working copies Omniview holds, retention and deletion practices, subprocessors, security measures, and international-transfer safeguards.

No sale; no model training. Mobiah does not sell Customer Data, and does not use Customer Data drawn from your connected systems to train foundation models.

Account data. Mobiah acts as a controller of account, authentication, tenant-configuration, and usage-log data, as described in the DPA and our Privacy Policy at mobiah.com/privacy.

7. Service Availability and Service Credits

Uptime target. Mobiah targets 99.9% Monthly Uptime Percentage for the Service. This is a target; the sole remedy for missing it is the service-credit schedule below, which applies only when Monthly Uptime Percentage falls below the credit floor.

Definition. "Monthly Uptime Percentage" means, for a calendar month, the total minutes in the month minus Unavailable minutes, divided by the total minutes in the month. "Unavailable" means the Service's core functions are materially unavailable to you, as measured by Mobiah's monitoring, excluding the exclusions below.

Service credits. If Monthly Uptime Percentage falls below 99.5% in a given calendar month, you may request a service credit as follows:

Exclusions. The uptime target and service credits do not apply to unavailability caused by: (a) scheduled or emergency maintenance for which we provide reasonable notice; (b) failures, rate-limiting, deprecation, or outages of third-party systems you connect or that the Service depends on (for example, your CRM, enrichment, analytics, or AI-client providers, and infrastructure providers); (c) factors outside Mobiah's reasonable control, including force-majeure events and internet or network failures; (d) your acts or omissions, your equipment, or your misconfiguration; or (e) suspension for non-payment or Acceptable-Use violations.

Claiming a credit. To receive a credit, you must request it in writing at [email protected] within thirty (30) days after the end of the affected month, including the dates and times of unavailability. Credits are applied to future fees, are not refunds or cash, and in any month may not exceed 50% of that month's fee. The service credits in this Section are your sole and exclusive remedy for any failure to meet the uptime target.

8. Third-Party Systems

The Service interoperates with third-party systems you connect. Mobiah is not responsible for those systems, their availability, their terms, or the accuracy or legality of the data they return. Your use of each connected system is governed by your agreement with its provider. If a connected system changes or restricts its access, the corresponding Service functionality may be affected.

9. Intellectual Property

The Service, including its software, interfaces, and documentation, and all intellectual-property rights in them, are and remain the property of Mobiah and its licensors. Subject to these Terms, Mobiah grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during your subscription for your internal business purposes. We welcome feedback; if you provide it, you grant Mobiah a perpetual, royalty-free license to use it without restriction.

10. Confidentiality

Each party may access the other's non-public information in connection with the Service. Each party will use the other's confidential information only to perform under these Terms and will protect it with reasonable care. This Section does not apply to information that is public through no fault of the receiving party, independently developed, or lawfully obtained from a third party.

11. Disclaimers

Except as expressly stated in these Terms, the Service is provided "as is" and "as available," and Mobiah disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Mobiah does not warrant that the Service will be uninterrupted or error-free, or that reports, enrichment, or intelligence derived from your connected systems will be accurate, complete, or current — the Service reflects the data those systems return.

12. Limitation of Liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or exemplary damages, or for lost profits, revenue, or data, arising out of or relating to these Terms or the Service. Except for your payment obligations, your breach of Section 4 (Acceptable Use), or either party's indemnification obligations, each party's total aggregate liability arising out of or relating to these Terms will not exceed the fees you paid or owed for the Service in the twelve (12) months preceding the event giving rise to the claim.

13. Term, Suspension, and Termination

These Terms apply while you have an account or use the Service. You may stop using the Service and close your account at any time. We may suspend or terminate access for material breach (including Acceptable-Use violations or non-payment) after reasonable notice where practicable, or immediately where required to protect the Service, other customers, or third parties.

Effect of termination. On termination, your right to access the Service ends. Return or deletion of Customer Data on termination is handled as described in the DPA. Mobiah erases your tenant's working copies — persisted report snapshots, the canonical cache, stored credentials, and associated records — through a documented erasure procedure following termination. Disaster-recovery backups are retained for a limited window (currently fourteen (14) days) and are then deleted on a rolling cycle; Customer Data contained in a backup persists only until that backup expires.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Delaware for any dispute arising out of or relating to these Terms or the Service.

15. General

• Entire agreement. These Terms, the DPA, the Privacy Policy, and any order or SOW form the entire agreement for the Service and supersede prior understandings on the subject.
• Order of precedence. For a signed MSA between you and Mobiah, the MSA controls for the subject matter it addresses; otherwise these Terms control, and the DPA controls for data-protection matters.
• Assignment. You may not assign these Terms without our consent, except to a successor in a merger or acquisition. We may assign to an affiliate or successor.
• Severability and waiver. If any provision is unenforceable, the rest remain in effect. A failure to enforce a provision is not a waiver.
• Notices. Legal notices to Mobiah should be sent to [email protected]; we may notify you via the email associated with your account or in-product.
• Contact. Mobiah, Inc., 11622 El Camino Real #100, San Diego, CA 92130. Questions about these Terms: [email protected].