Terms of service

Last updated: 8 December 2025

Welcome to the Omnisient website accessible at www.omnisient.com (the “Website”, “We”, “Us” or “Our”), owned and operated by Omnisient RF (Pty) Ltd and its Affiliates (together, “Omnisient”).

These Terms of Use form a legally binding agreement between Omnisient and any person or entity that accesses or uses the Website (“User”, “you” or “your”). By accessing or using t. he Website, you agree to be bound by these Terms of Use and all policies referenced in these Terms of Use, including our Privacy Policy.

If you do not agree to these Terms of Use, you must not access or use the Website.

1. Omnisient Entity and Contact Details

The Website is owned and operated by Omnisient RF (Pty) Ltd and may be operated for and on behalf of other Omnisient group entities.

South Africa (Registered Office)
Omnisient RF (Pty) Ltd
240 Great Westerford, Unit SG110, Rondebosch, Cape Town, 7700, South Africa
Email: [email protected]

United Kingdom
Omnisient International Limited
5 Churchill Place, 10th Floor, London, United Kingdom, E14 5HU
Email: [email protected]

United States of America
Omnisient USA, Inc.
838 Walker Road, Suite 21-2, Dover, DE 19904, USA
Email: [email protected]

Australia
Omnisient Australia (Pty) Ltd
Suite 1, Level 3, 62 Lygon Street, Carlton South, VIC 3053, Australia
Email: [email protected]

2. Definitions

2.1 “Affiliates” means, with respect to a party, any entity that directly or indirectly controls, is controlled by, or is under common control with that party.

2.2 “Terms of Use” means these terms and conditions governing the use of the Website, as amended from time to time.

2.3 “User” means any natural person or legal entity that accesses or uses the Website at any time.

2.4 “Website Content” means all content, data and materials on or made available through the Website, including text, software, source code, APIs, databases, analytics, trade names, logos, trademarks, service marks, graphics, designs, photographs, audio, video, information, documentation and layouts, whether owned by Omnisient or by third parties.

2.5 “User Content” means any content, data, information, materials or communications you upload, submit, post, transmit or otherwise make available through the Website, including through contact forms, portals or interactive features.

3. Acceptance and Application of Terms of Use

3.1 These Terms of Use apply to all Users of the Website and are binding and enforceable as soon as you access or use the Website or any part of it.

3.2 By accessing or using the Website, you confirm that you have read, understood, and agree to be bound by these Terms of Use and all policies referenced herein (including our Privacy Policy).

3.3 If you do not agree to these Terms of Use, you must immediately cease using and leave the Website. Your continued use of the Website constitutes ongoing acceptance of these Terms of Use, as updated from time to time.

4. Modification of Terms

4.1 Omnisient may, in its sole discretion, update, amend or replace these Terms of Use and any policies or notices referenced in these Terms of Use at any time.

4.2 Where required by applicable law (for example, under the EU General Data Protection Regulation (EU) 2016/679 (“GDPR”), the UK General Data Protection Regulation and Data Protection Act 2018 (“UK GDPR”), the South African Protection of Personal Information Act, 2013 (“POPIA”), the Brazilian General Data Protection Law (Law No. 13,709/2018, “LGPD”), the Australian Privacy Act 1988 (Cth) and relevant US privacy laws described in clause 7.4), we will notify you of material changes in a clear and prominent manner, which may include posting a notice on the Website, updating the “Last updated” date, or sending you a direct communication.

4.3 Changes are effective from the date they are published on the Website (or, where legally required, from the effective date stated in a notice). Your continued use of the Website after any changes take effect constitutes your acceptance of the updated Terms of Use.

4.4 If you do not agree with the updated Terms of Use, you must stop using the Website.

5. Eligibility and Authority

5.1 The Website is intended for use by individuals who can form legally binding contracts under applicable law and who are at least eighteen (18) years of age or the age of majority in their jurisdiction, whichever is higher.

5.2 By using the Website, you represent and warrant that:

(a) you are at least eighteen (18) years of age (or have reached the age of majority in your jurisdiction); and

(b) you have full legal capacity and authority to enter into these Terms of Use and to perform your obligations under these Terms of Use.

5.3 If you are using the Website on behalf of a corporate or other legal entity, you represent and warrant that you are authorised to bind that entity to these Terms of Use. In that case, all references to “you” and “your” will refer to that entity. If we discover that you did not have such authority, you agree that you will be personally liable for all obligations and liabilities arising under these Terms of Use.

5.4 Omnisient will not be liable for any loss or damage arising from its reliance on instructions, notices, documents or communications that it reasonably believes to be genuine and to have been sent by you or on your behalf. Omnisient may, but is not obliged to, require additional authentication of any communication that appears to be unclear, incomplete or potentially unauthorised.

6. Acceptable Use; Prohibited Activities

6.1 You agree to use the Website only for lawful purposes and in accordance with these Terms of Use and all applicable laws, rules and regulations.

6.2 You agree that you will not, and will not permit or assist any third party to:

(a) use any device, software, script, robot, crawler, spider or other automated means, or any manual process, to access, extract, monitor, copy, distribute or modify the Website or any Website Content, except as permitted by applicable law (e.g. public search engine indexing) or with Omnisient’s prior written consent;

(b) interfere or attempt to interfere with the proper operation, security, integrity or performance of the Website, including by introducing viruses, worms, malware, Trojan horses, time bombs, corrupted files or similar harmful code;

(d) use the Website in a manner that may damage, disable, overburden or impair any Omnisient system or interfere with any other party’s use and enjoyment of the Website;

(e) use the Website or any Website Content to create, train, or improve any machine learning or artificial intelligence system, except as expressly permitted in a written agreement with Omnisient;

(f) use the Website in any way that is fraudulent, misleading, harassing, defamatory, obscene, hateful, discriminatory, or otherwise objectionable or unlawful;

(g) infringe, misappropriate or violate any intellectual property rights, rights of privacy, confidentiality, contractual rights or other rights of Omnisient or any third party; or

(h) use the Website or any Website Content in a manner that could reasonably be expected to bring Omnisient or any of its employees, officers or representatives into disrepute.

7. Privacy and Data Protection

7.1 Privacy Policy. Your use of the Website is subject to the Omnisient Privacy Policy, which explains how we collect, use, share and protect personal information and describes your rights under applicable data protection and privacy laws. The Privacy Policy is incorporated into and forms part of these Terms of Use. In the event of any conflict between these Terms of Use and the Privacy Policy in relation to processing of personal information, the Privacy Policy will prevail.

7.2 Global Frameworks. Omnisient is committed to complying with applicable data protection and privacy laws in the jurisdictions from which the Website is accessed, including (where applicable to our activities):

(a) the EU General Data Protection Regulation (EU) 2016/679 (GDPR);

(b) the UK General Data Protection Regulation and UK Data Protection Act 2018 (together, UK GDPR);

(d) the Brazilian General Data Protection Law (Lei Geral de Proteção de Dados Pessoais – LGPD, Law No. 13,709/2018);

(e) the Australian Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs); and

(f) the US privacy laws listed in clause 7.4, to the extent they apply to our processing activities and to you as a consumer or resident of a particular US state.

7.3 Roles. For purposes of GDPR, UK GDPR, POPIA and LGPD, Omnisient will typically act as an independent controller (or responsible party / controller of personal data) in relation to personal information collected via the Website (for example, when you contact us, sign up to newsletters, or request product information). Where Omnisient processes personal information as a processor (or “operator” / “service provider” / “encarregado” / “data processor”) on behalf of a customer, that processing will be governed by a separate data processing or data protection agreement with that customer.

7.4 US Privacy Laws. Depending on your location, the nature of your relationship with Omnisient, and the volume and type of personal information processed, our collection and use of your personal information via the Website may be subject to one or more of the following US privacy laws, as amended from time to time:

(a) the California Consumer Privacy Act of 2018 (CCPA), as amended by the California Privacy Rights Act of 2020 (CPRA);

(b) the Virginia Consumer Data Protection Act (VCDPA);

(d) the Connecticut Data Privacy Act (CTDPA);

(e) the Utah Consumer Privacy Act (UCPA); and

(f) any similar current or future comprehensive US state consumer privacy laws that may apply to Omnisient’s operations or to your use of the Website.

7.5 US Consumer Privacy Rights. To the extent required by applicable US state privacy laws (such as the CCPA/CPRA or other state laws referenced in clause 7.4), you may have the right, subject to certain conditions and limitations, to:

(a) request disclosure of the categories and, where applicable, specific pieces of personal information we collect about you, the sources from which we collect that information, the business or commercial purposes for collecting, selling, or sharing it, and the categories of third parties to whom we disclose it;

(b) request correction of inaccurate personal information we hold about you;

(d) request to opt out of the “sale” or “sharing” of your personal information, as those terms are defined in applicable state privacy law;

(e) request to limit the use and disclosure of your sensitive personal information, where such rights are provided by law; and

(f) not be discriminated against for exercising any of your privacy rights.

Details on how to exercise these rights, including any applicable verification procedures, are set out in our Privacy Policy or in any supplemental US‑specific privacy notice that we may provide.

7.6 Additional Rights for Brazil (LGPD). To the extent LGPD applies, Brazilian data subjects may have rights including, but not limited to:

(a) confirmation of the existence of processing;

(b) access to personal data;

(d) anonymisation, blocking or deletion of unnecessary or excessive data, or data processed in non‑compliance with LGPD;

(e) portability of data to another service or product provider, subject to commercial and industrial secrets and to regulation;

(f) deletion of personal data processed with consent, subject to legal or regulatory retention requirements;

(g) information about public and private entities with which we share data;

(h) information about the possibility of denying consent and the consequences of such denial; and

(i) revocation of consent.

How to exercise LGPD rights and contact details for any local representative or “encarregado” will be set out in our Privacy Policy or in a Brazil‑specific privacy notice.

7.7 Additional Rights for Australia (Privacy Act). To the extent the Australian Privacy Act applies, individuals in Australia may have rights including:

(a) to request access to personal information we hold about them;

(b) to request correction of personal information that is inaccurate, incomplete or out‑of‑date; and

(c) to lodge a complaint with us and, if unsatisfied with our response, with the Office of the Australian Information Commissioner (OAIC).

Details of how to exercise these rights and how to contact the OAIC will be set out in our Privacy Policy or an Australia‑specific privacy notice.

7.8 Children’s Privacy (COPPA). The Website is not intended for children under the age of 13, and we do not knowingly collect personal information online from children under 13 in the United States without verifiable parental consent, in compliance with the Children’s Online Privacy Protection Act (COPPA). If you believe that a child under 13 has provided us with personal information via the Website without appropriate consent, please contact us at [email protected] so that we can take appropriate action.

7.9 Sector‑Specific US Laws. Omnisient is not a healthcare provider, financial institution or educational institution, and the Website is not intended to collect protected health information, consumer financial account information, or student education records in a way that would subject Omnisient to sector‑specific US privacy laws such as HIPAA, the Gramm‑Leach‑Bliley Act (GLBA), or FERPA. If Omnisient does process personal information subject to such laws as a service provider to a customer, that processing will be governed by separate, written agreements with that customer.

7.10 International Data Transfers. Because Omnisient operates internationally, your personal information may be transferred to and processed in countries outside of your country of residence, including South Africa, the United Kingdom, the European Union, Australia and Brazil and the United States. When we transfer personal information internationally, we will do so in accordance with applicable data protection laws, including, where required, by implementing appropriate safeguards such as standard contractual clauses or other valid transfer mechanisms. Further details are provided in our Privacy Policy.

8. Website Content; Intellectual Property

8.1 Omnisient supports the protection of intellectual property and expects Users to do the same.

8.2 The Website and the Website Content are owned by Omnisient or its licensors and are protected by copyright laws, trademark laws, international conventions and other intellectual property laws.

8.3 All Omnisient names, brands, logos, product names, domain names and other marks are trade names, registered trademarks or unregistered trademarks of Omnisient or its licensors. Nothing in these Terms of Use or on the Website grants you any licence or right to use any intellectual property of Omnisient or its licensors, whether by implication, estoppel or otherwise, except:

(a) as expressly permitted in these Terms of Use; or

(b) with Omnisient’s prior written consent.

8.4 You must not remove, obscure or alter any copyright, trademark or other proprietary rights notices appearing on or contained within the Website or Website Content. You must not attempt to override or circumvent any usage rules or restrictions on the Website.

8.5 Subject to your compliance with these Terms of Use, Omnisient grants you a limited, revocable, non‑exclusive, non‑transferable and non‑sublicensable licence to access and use the Website and Website Content solely for your internal business purposes or personal, non‑commercial use. Any other use is strictly prohibited.

9. User Content

9.1 You are responsible for all User Content you submit, upload, post or otherwise provide via the Website. You represent and warrant that:

(a) you have all necessary rights and permissions to submit the User Content; and

(b) the User Content does not infringe, misappropriate or violate any rights of any third party or applicable law.

9.2 By submitting User Content, you grant Omnisient a worldwide, non‑exclusive, royalty‑free, fully paid‑up, transferable and sublicensable licence to use, host, store, reproduce, modify, adapt, translate, create derivative works from, distribute, display and perform such User Content as reasonably necessary to operate, maintain, secure and improve the Website, respond to your requests and provide related services to you or your organisation.

9.3 Omnisient reserves the right (but is not obliged) to monitor, review, remove or disable access to any User Content that, in Omnisient’s sole discretion, violates these Terms of Use or is otherwise objectionable or unlawful.

10. Use of Hyperlinks

10.1 The Website may contain links to third‑party websites, resources or services that are not owned or controlled by Omnisient. Omnisient does not endorse and is not responsible or liable for:

(a) the content, accuracy, legality or any other aspect of third‑party websites;

(b) any products, services or information available on or through such websites; or

10.2 Your use of third‑party websites is at your own risk and is subject to the terms and conditions, privacy policies and other notices posted on such websites. Omnisient encourages you to read those documents before using any third‑party websites.

10.3 The Website may under no circumstances be framed, mirrored or embedded within any other website or online service without Omnisient’s prior written consent.

11. Availability, Access and Termination

11.1 Omnisient does not represent or warrant that the Website or any part of it will be available at all times or at any specific time, or that access will be uninterrupted or error‑free.

11.2 Omnisient will use reasonable efforts to maintain the availability of the Website, except during scheduled maintenance periods, upgrades or in the event of force majeure or other events beyond Omnisient’s reasonable control.

11.3 Omnisient reserves the right, at any time and without notice, to:

(a) suspend, withdraw, restrict or terminate access to the Website (in whole or in part); and/or

(b) modify, update or discontinue any feature or functionality of the Website.

11.4 Omnisient may terminate or suspend your access to the Website immediately, with or without notice, if you breach these Terms of Use or if Omnisient reasonably believes your use of the Website may cause harm to Omnisient, other users or any third party, or may expose Omnisient to liability.

12. Compliance with Local Laws

12.1 Omnisient makes no representation or warranty that the Website or any Website Content is appropriate, available or lawful for use in every country, state or jurisdiction from which it may be accessed.

12.2 Users who choose to access the Website do so on their own initiative and are responsible for compliance with all local laws, rules and regulations applicable to their use of the Website.

13. Disclaimer

13.1 YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL WEBSITE CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS.

13.2 OMNISIENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD‑PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, QUIET ENJOYMENT OR ACCURACY.

13.3 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OMNISIENT DOES NOT WARRANT THAT:

(a) THE WEBSITE WILL FUNCTION UNINTERRUPTED, BE SECURE OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;

(b) ANY ERRORS OR DEFECTS WILL BE CORRECTED;

(d) THE WEBSITE CONTENT IS COMPLETE, ACCURATE, RELIABLE, CURRENT OR SUITABLE FOR YOUR PURPOSES.

13.4 NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY OMNISIENT OR ITS REPRESENTATIVES WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY STATED IN THESE TERMS OF USE.

13.5 THE DISCLAIMERS IN THIS CLAUSE 13 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE ANY TERMINATION OR EXPIRY OF THESE TERMS OF USE OR YOUR USE OF THE WEBSITE.

14. Limitation of Liability

14.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OMNISIENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR THIRD‑PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY:

(a) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES; OR

(b) LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA OR ANTICIPATED SAVINGS,

WHETHER BASED ON WARRANTY, CONTRACT, DELICT/TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE WEBSITE OR ANY WEBSITE CONTENT, EVEN IF OMNISIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, OMNISIENT’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR THESE TERMS OF USE, WHETHER IN CONTRACT, DELICT/TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, WILL BE LIMITED TO AN AMOUNT OF USD 100 (ONE HUNDRED UNITED STATES DOLLARS) OR, IF LOWER, THE MINIMUM AMOUNT REQUIRED BY MANDATORY APPLICABLE LAW.

14.3 SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY. TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY SET OUT IN THIS CLAUSE 14, SUCH EXCLUSIONS OR LIMITATIONS WILL APPLY ONLY TO THE EXTENT PERMITTED BY LAW.

14.4 THIS CLAUSE 14 WILL SURVIVE ANY TERMINATION OR EXPIRY OF THESE TERMS OF USE OR YOUR USE OF THE WEBSITE.

15. Indemnity

15.1 You agree to protect, defend, indemnify and hold harmless Omnisient and its officers, directors, employees, agents and third‑party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including reasonable attorneys’ fees) arising out of or in connection with:

(a) your access to or use of the Website or Website Content;

(b) your breach .of these Terms of Use or any other policy or terms referenced in these Terms of Use; or

(c) your violation of any third‑party rights, including any intellectual property, privacy, publicity or other proprietary right.

15.2 Your indemnification obligations under this clause 15 will survive any termination or expiry of these Terms of Use or your use of the Website.

16. Governing Law and Jurisdiction

16.1 Subject to clause 16.2, these Terms of Use and any dispute or claim arising out of or in connection with them (including any non‑contractual disputes or claims) will be governed by and construed in accordance with the laws of:

(a) South Africa, if you are domiciled in South Africa or elsewhere in Africa;

(b) England and Wales, if you are domiciled in the United Kingdom or the European Economic Area; or

(c) the laws of the State of Delaware, and the federal laws of the United States applicable in that state, if you are domiciled in the United States or elsewhere.

(d) the laws of the State or Territory of [AUSTRALIAN STATE/TERRITORY], and the laws of the Commonwealth of Australia applicable in that state or territory, if you are domiciled in Australia; or

(e) the laws of the Federative Republic of Brazil, if you are domiciled in Brazil or elsewhere in Latin America.

16.2 Mandatory consumer protection laws in your country of residence may still apply for the benefit of consumers and may not be derogated from by agreement.

16.3 The courts of the jurisdiction identified in clause 16.1 that applies to you will have exclusive jurisdiction over any dispute or claim arising out of or in connection with these Terms of Use, subject to any mandatory rights you may have under applicable law to bring or defend proceedings in the courts of your place of residence.

17. Miscellaneous

17.1 Entire Agreement. These Terms of Use, together with the Privacy Policy and any other documents or terms expressly incorporated by reference, constitute the entire agreement between you and Omnisient regarding your use of the Website.

17.2 Severability. If any provision of these Terms of Use is found to be invalid, illegal or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

17.3 No Waiver. Any failure or delay by Omnisient to enforce any provision of these Terms of Use will not constitute a waiver of that provision or any other provision.

17.4 Assignment. You may not assign, transfer or delegate any of your rights or obligations under these Terms of Use without Omnisient’s prior written consent. Omnisient may assign, transfer or delegate any of its rights or obligations under these Terms of Use without your consent, including to any Affiliate or in connection with a merger, reorganisation or sale of assets.

17.5 Notices. Notices to Omnisient under these Terms of Use must be sent in writing to [email protected] and, where required by law, to the relevant physical address listed in clause 1. Omnisient may provide you with notices (including notices of changes to these Terms of Use) by posting them on the Website, by email or by any other reasonable means.

17.6 Contact. If you have any questions about these Terms of Use or the Website, please contact us at [email protected].

By accessing or using the Website, you confirm that you have read, understood and agree to be bound by these Terms of Use.

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