Terms & Conditions

1. Introduction

Welcome to Omokai ("Platform," "Service," "we," "us," or "our"), operated by NyxQuantum Technology LLP ("Company"). These Terms and Conditions ("Terms") govern your access to and use of our website, platform, and services.

By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

These Terms should be read in conjunction with our Privacy Policy, which also governs your use of our services.

2. Acceptance of Terms

By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms, including our Privacy Policy. If you do not agree to these Terms, please discontinue use of our services immediately.

Your continued use of the services following any changes to these Terms constitutes your acceptance of the updated Terms.

3. Description of Services

Omokai provides an AI-powered communication coaching platform that helps users practice and improve their face-to-face communication skills through simulated conversations. Our Services include:

• AI Roleplay Sessions: Practice conversations with AI for interviews, sales, presentations, and more
• Document Upload: Upload materials for personalized coaching context
• Real-Time Feedback: Receive instant feedback on communication skills
• Progress Tracking: Monitor improvement over time
• Performance Analytics: View detailed analysis of your communication patterns

We reserve the right to modify, suspend, or discontinue any aspect of the services at any time, with or without notice.

4. Eligibility and Account Registration

4.1 Age Requirement

You must be at least 18 years old to use our services. By using our services, you represent and warrant that you are at least 18 years of age.

4.2 Account Creation

To access certain features, you must:

• Provide accurate, current, and complete information during registration
• Maintain and update your account information
• Maintain the security of your password
• Accept all risks of unauthorized access to your account
• Notify us immediately of any unauthorized use

4.3 Account Responsibilities

You are solely responsible for:

• All activities that occur under your account
• Maintaining the confidentiality of your account credentials
• Any damage resulting from your failure to maintain security

5. User Responsibilities and Conduct

5.1 Acceptable Use

You agree to use our services only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the services for any illegal purpose or in violation of any laws
• Impersonate any person or entity or misrepresent your affiliation
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the services or servers
• Use the services to transmit spam or unsolicited communications
• Harass, abuse, or harm other users
• Violate any applicable local, state, national, or international law

5.2 User Content

You retain ownership of content you upload to our services. By uploading content, you grant us a license to:

• Store, process, and use the content to provide our services
• Display and perform the content as necessary for service delivery
• Use anonymized or aggregated data for improvement purposes

You represent and warrant that you own all rights to the content you upload or have obtained necessary permissions.

6. Beta Program Terms

For users participating in our Beta Program, the following additional terms apply:

7. Intellectual Property Rights

7.1 Company Ownership

All content, features, and functionality of our services, including but not limited to text, graphics, logos, software, and code, are owned by NyxQuantum Technology LLP and are protected by copyright, trademark, and other intellectual property laws.

7.2 What You Own vs. What We Own

7.3 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to use our services for personal or business purposes in accordance with these Terms.

7.4 Trademarks

Omokai, NyxQuantum Technology LLP, and related logos, names, and marks are trademarks of NyxQuantum Technology LLP. You may not use our trademarks without our prior written consent.

8. Payment and Billing

8.1 Fees

Certain features of our services may require payment. All fees are clearly displayed before you complete your purchase. Prices are subject to change without notice.

8.2 Payment Terms

By purchasing a subscription or service, you agree to pay all applicable fees. Payments are processed through third-party payment processors, and we do not store your complete payment information.

8.3 Refunds

All sales are final unless otherwise stated. Refunds, if available, will be processed in accordance with our refund policy.

8.4 Auto-Renewal

Subscriptions may automatically renew unless cancelled before the renewal date. You may cancel your subscription at any time through your account settings.

9. Termination

9.1 Termination by You

You may terminate your account at any time by contacting us or using account deletion features, if available.

9.2 Termination by Us

We reserve the right to suspend or terminate your access to our services at any time, with or without cause, with or without notice, including but not limited to:

• Breach of these Terms
• Violation of applicable laws
• Fraudulent or illegal activity
• Extended period of inactivity

9.3 Effect of Termination

Upon termination, your right to use the services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive.

10. Disclaimers and Warranties

10.1 "As Is" Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

10.2 No Guarantee of Results

We do not guarantee that the services will meet your specific requirements or that use of the services will lead to specific outcomes (e.g., improved communication skills, job offers, etc.).

10.3 AI Accuracy

Our AI provides suggestions and feedback based on available data. While we strive for accuracy, we cannot guarantee that all AI feedback will be correct or suitable for your specific situation.

10.4 Service Availability

We do not guarantee uninterrupted or error-free operation of the services. The services may be temporarily unavailable for maintenance or other reasons.

11. Limitation of Liability

11.1 Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NYXQUANTUM TECHNOLOGIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR OTHER INTANGIBLE LOSSES.

11.2 Liability Cap

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS UNDER THESE TERMS EXCEED THE AMOUNT YOU PAID, IF ANY, FOR ACCESSING OUR SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11.3 Exclusions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT FULLY APPLY TO YOU.

12. Indemnification

You agree to indemnify, defend, and hold harmless NyxQuantum Technology LLP and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:

• Your use of the services
• Your violation of these Terms
• Your violation of any third-party rights
• Content you upload or transmit through the services

13. Privacy and Data Protection

Your use of our services is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. By using our services, you consent to our data practices as described in the Privacy Policy.

14. Modifications to Terms and Services

14.1 Right to Modify

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website.

14.2 Notification

For material changes, we will provide notice through the service or via email (if you have provided an email address).

14.3 Continued Use

Your continued use of the services after changes constitute acceptance of the modified Terms.

15. Governing Law and Dispute Resolution

15.1 Governing Law

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

15.2 Jurisdiction

Any disputes arising from these Terms or your use of our services shall be subject to the exclusive jurisdiction of the courts located in Nagpur, Maharashtra, India.

15.3 Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms shall be resolved by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996.

16. General Provisions

16.1 Entire Agreement

These Terms constitute the entire agreement between you and NyxQuantum Technology LLP regarding the use of our services.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

16.3 Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of such provision or any other provision.

16.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms at our discretion.

16.5 Force Majeure

We are not liable for delays or failures to perform due to causes beyond our reasonable control.

17. Contact Us

For questions about these Terms, or to contact us regarding any matter, please reach out to:

18. Your Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, PLEASE DO NOT USE OUR SERVICES.