Terms and Conditions
Last updated: Aug 28, 2026
Please read these terms and conditions carefully before using Our Website.
Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural:
- Affiliatemeans an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Company(referred to as either “the Company”, “We”, “Us” or “Our” in these Terms) refers to Omniscient Digital LLC, 2025 Guadalupe St, Suite 260, Austin, Texas, 78705.
- Devicemeans any device that can access the Website such as a computer, a cellphone or a digital tablet.
- Terms and Conditions(also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Website.
- Websiterefers to Our Website, accessible fromhttps://beomniscient.com
- Youmeans the individual accessing or using the Website, or the company, or other legal entity on behalf of which such individual is accessing or using the Website, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Website and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Website.
Your access to and use of the Website is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Website.
By accessing or using the Website You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Website.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Website.
Your access to and use of the Website is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Website.
Intellectual Property Rights
All materials on the Website, including without limitation, the logos, design, text, graphics, other files, and the selection and arrangement thereof are either owned by the Company or are the property of the Company’s suppliers or licensors or other companies. You may not use such materials without the Company’s express written permission. Company names, Company logos, and all related names, logos, brands, product and service names, designs and slogans, and any and all variations thereof, are trademarks of the Company or its affiliates or licensors. Page headers, custom graphics, button icons and scripts are trademarks or trade dress the Company owns. You may not use any of these trademarks, trade dress, or trade names without the Company’s express written permission.
Acceptable Use
You agree not to: (i) use the Website for any unlawful purpose or in violation of any applicable laws or regulations; (ii) use any automated means, including robots, crawlers, or scrapers, to access, scrape, or collect content or data from the Website without the Company’s prior written consent; (iii) interfere with, disrupt, or attempt to gain unauthorized access to the Website, its servers, or any networks connected to the Website; (iv) transmit any viruses, malware, or other harmful code through the Website; (v) impersonate any person or entity, or misrepresent Your affiliation with any person or entity; or (vi) use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use of the Website.
Communicating with You
By using the Website, You consent to all actions taken by us with respect to Your information in compliance with our Privacy Policy. By voluntarily providing Your contact information through the Website (such as by submitting a consultation request or subscribing to our newsletter), You consent to receiving communications from the Company by email regarding our services, updates, and marketing materials. You may opt out of marketing emails at any time by following the unsubscribe instructions in any email we send.
Cookies and Tracking Technologies
The Website uses cookies and similar tracking technologies as described in our Privacy Policy. When You first visit the Website, You will be presented with a consent banner that allows You to accept, reject, or customize Your cookie preferences. Non-essential tracking technologies, including analytics and marketing cookies, are blocked until You provide Your consent. You may update Your cookie preferences at any time through the consent banner. For more information about the specific cookies and tracking technologies we use, please review our Privacy Policy.
Links to Other Websites
Our Website may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Website will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by You through the Website or one hundred U.S. dollars ($100).
To the maximum extent permitted by applicable law, in no event shall the Company or its service providers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of these Terms), even if the Company or any service provider has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, the Company’s liability will be limited to the greatest extent permitted by law. Regardless of any statute or law to the contrary, any claim or cause of action You may have arising out of, relating to, or connected with the Website or these Terms must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
“AS IS” and “AS AVAILABLE” Disclaimer
The Website is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Website will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Company’s service providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law and Jurisdiction
The laws of the State of Texas, excluding its conflicts of law rules, shall govern these Terms and Your use of the Website. Your use of the Website may also be subject to other local, state, national, or international laws. Subject to the arbitration provision in the Disputes Resolution section below, any legal suit, action or proceeding arising out of, or related to, the Website or these Terms shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in Travis County, Texas. Each party waives any and all objections to the exercise of jurisdiction over it by such courts and to venue in such courts.
Disputes Resolution
If You have any concern or dispute about the Website or these Terms, You agree to first try to resolve the dispute informally by contacting the Company. If the dispute is not resolved within thirty (30) days, either party may submit the dispute to binding arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted virtually via videoconference. Judgment on the arbitration award may be entered in any court of competent jurisdiction. YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Each party shall bear its own costs, except that the prevailing party shall be entitled to recover its reasonable attorneys’ fees. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm. This arbitration provision shall survive termination of these Terms. You may opt out of this arbitration provision by sending written notice to admin@beomniscient.com within thirty (30) days of Your first use of the Website. If You opt out, disputes will be resolved in the courts specified in the Governing Law and Jurisdiction section above.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any timeand for any reason. If we make changes, we will notify you by posting the amended Terms to our Website and updating the “Last Updated” date above.
By continuing to access or use Our Website after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, you must stop using the Website.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us by email at admin@beomniscient.com.