Terms of Service

Welcome to our community! We’re excited to have you here and want to ensure that your experience with our innovative AI wearable clones and supporting app (collectively referred to as “OMI,” “we,” “our,” or “us”) is as enjoyable and seamless as possible.

Below, you’ll find our Terms of Service, which outline the rules and guidelines for using our products and services. We encourage you to read through them carefully.

Important recording notice: OMI may capture audio and images (and, if you enable it, certain screen content) to generate transcripts, summaries, and memory entries.

You are responsible for providing any required notice and getting permission from anyone you record or photograph, and for complying with all applicable laws and policies. If you are unsure whether recording is allowed, do not use OMI to record. OMI is not intended for covert recording or surveillance.

These Terms of Service (“Terms”) govern your access to and use of OMI’s wearable devices, mobile and desktop applications, websites, and related services (collectively, the “Services”). “OMI,” “we,” “our,” and “us” refer to Based Hardware Inc., located at 81 Lafayette St, San Francisco, CA 94103.

By using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.

 

1. Eligibility and age requirements

You must be at least 13 years old to use the Services. If you are under the age of majority where you live, you may use the Services only with permission and supervision of a parent or legal guardian who agrees to these Terms.

You represent that you are legally permitted to use the Services in your jurisdiction.

 

 

2. Account registration and security

Some features require an OMI account. You agree to:

• provide accurate account information and keep it updated
• keep your login credentials secure
• accept responsibility for activity under your account

If you believe your account was compromised, contact us at help@omi.me promptly.

 

3. Devices, safety, and responsible use

You are responsible for using OMI devices safely and lawfully. Do not use the Services in a way that distracts you from tasks requiring full attention (for example driving), or in any environment where device use is prohibited or unsafe.

You are responsible for maintaining compatible hardware, software, internet access, and power required to use the Services.

 

4. Recording, images, and third-party permission

4.1 Permission and consent (your responsibility)

You agree that before capturing any person’s voice, image, or personal information using the Services, you will provide any required notice and obtain any required consent.

You also agree to stop recording if asked and to respect venue, workplace, school, and platform policies.

4.2 Prohibited recording contexts

You agree not to use the Services to record or capture images in places or situations where recording is prohibited or where people reasonably expect privacy, such as restrooms, locker rooms, medical exam rooms, or confidential meetings without authorization.

4.3 No surveillance use

You agree not to use the Services for harassment, stalking, illegal surveillance, or to violate others’ privacy rights.

 

5. GPS location and location history

If you enable location-based features, OMI may collect and process precise GPS location data, including background location where supported and permitted, to provide context such as a location history for each conversation, recording, or memory (for example, “where it happened” or “places associated with this memory”).

How it’s used. Location data may be used to:

• attach a place/context tag to recordings, transcripts, summaries, and memories
• help you search, sort, and recall events by location
• improve location-based features you enable

Your choices and controls. Where required, OMI will provide an in-app disclosure and request your consent before collecting precise or background location. You can disable location permissions at any time in your device settings. If you disable location, some features (including location history and location-based recall) may not work.

Retention and deletion. Location history may be stored as part of your conversation or memory timeline, depending on your settings and the features you use. Where available, you can delete location history by deleting the associated conversation/memory entry or through in-app controls. Additional retention details are described in our Privacy Policy.

No guarantee of accuracy. GPS and location signals can be inaccurate or unavailable. OMI does not guarantee that location history will be correct or complete.

 

6. Your content and permissions you grant

6.1 Definitions

“User content” includes any audio, images, text, files, transcripts, notes, memories, tasks, prompts, and other content you submit, upload, or generate through the Services (including content derived from recordings).

6.2 Ownership

As between you and OMI, you retain ownership of your User content, subject to the permissions you grant below and applicable law.

6.3 License to operate the Services

You grant OMI a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, reproduce, modify, and create derivative works of your User content only as necessary to provide, maintain, secure, and improve the Services and to comply with law.

This license includes the right to use service providers (for example cloud infrastructure or transcription providers) consistent with our Privacy Policy.

6.4 Deletion

Deletion options depend on the feature and your settings. Where available, you can delete recordings, transcripts, or memory entries through the app. Some data may persist for backups, legal compliance, fraud prevention, or system integrity for a limited period, as described in our Privacy Policy.

 

7. AI outputs, accuracy, and limitations

The Services may generate AI outputs such as chats, summaries, suggested tasks, memories, and recaps. You understand that AI outputs may be incorrect, incomplete, or misleading.

You agree not to rely on the Services for medical, legal, financial, safety-critical, or emergency decisions and to verify important information independently.

 

8. Acceptable use policy

You agree not to, and not to help others to:

• violate any law, regulation, or third-party rights
• record or photograph others without required notice/consent
• use the Services for harassment, stalking, intimidation, or illegal surveillance
• attempt to reverse engineer, bypass security, or access non-public systems
• interfere with or disrupt the Services
• upload malware or exploit vulnerabilities
• scrape, harvest, or collect personal information without authorization
• use the Services to generate or store content that is unlawful or violates others’ privacy
• We may suspend or terminate access for violations.

9. Third-party services and integrations

The Services may integrate with third-party products or services (for example apps, task managers, calendars, or storage providers). Your use of third-party services is governed by their terms and privacy policies. OMI is not responsible for third-party services, including their availability, security, or content.

 

10. Subscriptions, purchases, and billing

If you purchase a subscription, device, or paid feature (“Paid services”), you agree to:

• pay all applicable fees, taxes, and charges
• provide accurate payment information
• authorize us (and our payment processors) to charge your payment method

10.1 Auto-renewal

Unless stated otherwise at checkout, subscriptions automatically renew until canceled. You can cancel in your account settings or through the platform where you subscribed (for example Apple App Store or Google Play).

10.2 Refunds

Refunds, if any, follow the policy shown at purchase and any mandatory local laws. Purchases through Apple/Google are subject to their refund rules.

10.3 Price changes

We may change prices with notice as required by law. Changes apply to future billing cycles.

 

11. Intellectual property and licenses

The Services, including software, hardware designs (to the extent not open-sourced), models, branding, and all related intellectual property, are owned by OMI or its licensors and protected by law.

Subject to these Terms, OMI grants you a limited, non-exclusive, non-transferable, revocable license to use the Services for personal or internal business purposes.

If any portion of the Services is offered under open-source licenses, those licenses govern that portion.

 

12. Feedback

If you provide ideas, suggestions, or feedback, you grant OMI the right to use them without restriction or compensation.

 

13. Termination and suspension

You may stop using the Services at any time. We may suspend or terminate your access if we believe you violated these Terms, pose a risk to others, or create legal or security exposure.

Upon termination, your license to use the Services ends. Sections that by their nature should survive (including intellectual property, disclaimers, limitation of liability, indemnity, and dispute terms) will survive.

 

14. Disclaimers

The Services are provided “as is” and “as available.” To the maximum extent permitted by law, OMI disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee uninterrupted operation, error-free results, or that AI outputs will be accurate.

14.1 Technical Failures and Recording Accuracy While we strive for maximum reliability, the nature of AI services involves inherent dependencies on third-party networks, cloud infrastructure, and hardware stability. OMI expressly disclaims any liability for recordings, transcripts, or data that are not captured, are only partially captured, or are lost due to:

• User Factors: Including but not limited to low battery, insufficient storage space, improper device handling, or failure to enable necessary app permissions.

• Connectivity & Syncing: Disruptions in Wi-Fi, Bluetooth, or cellular data required for real-time processing or cloud synchronization.

• Third-Party & Service Failures: Outages, bugs, or errors originating from our cloud infrastructure, AI model providers, or telecommunications partners.

• Force Majeure: Any unforeseen events or "bad luck" beyond our reasonable control.

14.2 Essential Use Warning We do not guarantee uninterrupted operation or error-free results. The service is provided as a productivity tool for convenience and should not be relied upon as the sole or primary method for capturing or preserving critical, legal, medical, or time-sensitive information.

 

15. Limitation of liability

To the maximum extent permitted by law:

• OMI will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, goodwill, or business interruption.
• OMI’s total liability for any claim relating to the Services will not exceed the greater of (a) the amount you paid to OMI for the Services in the 12 months before the event giving rise to the claim, or (b) US $100.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

 

16. Indemnity (especially for recording consent)

You agree to defend, indemnify, and hold harmless OMI and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of:

• your use of the Services
• your User content
• your violation of these Terms
• your failure to provide notice or obtain consent for recording or image capture, or violation of privacy/surveillance laws

 

17. Copyright and takedown requests (DMCA)

If you believe content on the Services infringes your copyright, send a notice to help@omi.me with:

• identification of the copyrighted work
• identification of the allegedly infringing material
• your contact information
• a statement you have a good faith belief the use is unauthorized
• a statement, under penalty of perjury, that the information is accurate and you are authorized to act
• your physical or electronic signature

We may remove content and terminate the accounts of repeat infringers where appropriate.

 

18. Governing law and dispute resolution

These Terms are governed by the laws of San Francisco, CA - US, excluding conflict-of-law rules.

Disputes will be brought in the courts located in San Francisco, CA, and you consent to personal jurisdiction there.

 

19. International use and export

You agree to comply with applicable trade and export control laws. You may not use the Services if you are prohibited under applicable sanctions or export restrictions.

 

20. Changes to the Services or Terms

We may update the Services and these Terms from time to time. If we make material changes, we will provide notice via the app or email as required by law. Continued use after the effective date of changes means you accept the updated Terms.

 

21. Contact

Questions about these Terms & Legal notices: help@omi.me

 

22. Miscellaneous

• Severability: If any provision is unenforceable, the rest remain in effect.
• Assignment: You may not assign these Terms without OMI’s consent; OMI may assign them as part of a merger, acquisition, or asset sale.
• Entire agreement: These Terms and the Privacy Policy are the entire agreement regarding the Services.
• No waiver: Failure to enforce a provision is not a waiver.