OmnaSense Terms of Service
Effective Date: August 26, 2026
Last Updated: August 26, 2026
These Terms of Service (the "Terms") are a legal agreement between [OMNASENSE LEGAL
ENTITY NAME] ("OmnaSense," "we," "us," or "our") and the business, organization, or other
legal entity accepting these Terms ("Customer," "you," or "your"). If you accept on behalf of an
entity, you represent that you have authority to bind it. If you do not have that authority or do
not agree, do not access or use the Services.
These Terms govern the OmnaSense websites, applications, monitoring services, closed
beta, and related support (collectively, the "Services"). The Privacy Policy, Acceptable Use
Policy, any applicable Beta Program Terms, and each order form or other written ordering
document accepted by OmnaSense are incorporated into these Terms.
1. Eligibility and Business Use
You must be at least 18 and using the Services for business or professional purposes.
Consumer or household use is not permitted. You may use the Services only if you can form a
binding contract and are not prohibited from doing so under applicable law.
If your organization provides you an account, it may administer the account and associated
workspace, access Customer Data, and control your continued access. You are responsible
for ensuring that each Authorized User complies with the Agreement.
2. The Services
OmnaSense provides outside-in website tracking and marketing observability. Features may
include authorized website crawls, journey recording and replay, scheduled checks,
browser-side and server-side evidence collection, screenshots and artifacts, run history,
incident detection, and alerting. Features, limits, providers, and availability may change over
time.
The Services generate synthetic visits, requests, and actions against monitored systems.
Monitoring can consume bandwidth, create events in analytics or marketing systems, trigger
application behavior, and affect test data. Customer must configure safe targets, credentials,
routes, schedules, and actions.
The Services may classify evidence as verified, failed, not confirmed, provider unavailable,
not applicable, not configured, or a similar status. A "not confirmed" result does not
necessarily mean an event failed; it may mean available evidence was incomplete or a
provider did not expose the required data.
3. Accounts, Workspaces, and Security
Customer must provide accurate account information and keep it current. Accounts and
credentials may not be shared except through supported workspace membership. Customer
is responsible for:
• protecting credentials, recovery methods, test accounts, and integration secrets;
• using least-privilege permissions and rotating credentials when appropriate;
• approving and removing Authorized Users;
• activity occurring through its accounts unless caused by OmnaSense's breach of the
Agreement; and
• promptly notifying OmnaSense at the in-product Help & support channel of suspected compromise or
unauthorized use.
OmnaSense may require additional authentication, suspend suspicious sessions, or take
other reasonable steps to protect the Services and Customer Data.
4. Authorized Targets and Agency Use
Customer may submit or monitor only a website, application, domain, account, endpoint, tag
manager, server-side container, marketing destination, or journey that Customer owns,
controls, or is expressly authorized to test (each, an "Authorized Target"). Customer
represents and warrants throughout its use that it has all rights and permissions necessary to:
• access and monitor each Authorized Target;
• generate the configured synthetic traffic and actions;
• collect and provide Customer Data to OmnaSense;
• connect each third-party account or integration; and
• instruct OmnaSense and its providers to process the data as contemplated by the
Agreement.
An agency, consultant, or service provider using OmnaSense for a client must have
documented client authorization covering the scope, duration, accounts, and types of testing
performed. The agency remains responsible for its client's instructions, configuration, users,
and compliance. OmnaSense may request reasonable evidence of authorization and may
refuse or suspend monitoring if authorization is unclear.
5. Acceptable Use
Customer and its Authorized Users must comply with the Acceptable Use Policy. Customer
may not use the Services to gain unauthorized access, circumvent security or consent
controls, disrupt systems, collect data unlawfully, conduct real-user surveillance, send
unlawful communications, or test a target beyond granted authorization.
Customer must respect reasonable rate limits, crawl boundaries, target terms, robots
directives where legally or contractually applicable, and third-party provider rules.
OmnaSense's technical ability to reach a target does not establish Customer's legal authority
to monitor it.
6. Customer Data and Monitoring Artifacts
"Customer Data" means information, instructions, credentials, content, configurations, and
other data submitted by or for Customer to the Services, together with data collected from
Authorized Targets for Customer. Customer Data includes monitoring evidence, screenshots,
artifacts, event and request metadata, and incident records ("Customer Monitoring Data").
As between the parties, Customer retains its rights in Customer Data. Customer grants
OmnaSense and its subprocessors a worldwide, non-exclusive, limited right to host, copy,
transmit, display, modify, and otherwise process Customer Data only as necessary to:
• provide, secure, support, and improve the Services;
• follow Customer's documented instructions;
• prevent or address technical, security, fraud, or abuse issues; and
• comply with law and the Agreement.
Customer is responsible for the legality, accuracy, quality, and content of Customer Data and
for maintaining its own backups or exports. OmnaSense may create aggregated or
de-identified information that cannot reasonably identify Customer or an individual and may
use that information to operate, analyze, secure, and improve the Services.
7. Privacy and Data Protection
Each party will comply with privacy and data-protection laws applicable to its own processing
under the Agreement.
For personal information OmnaSense processes to administer accounts, secure and improve
the Services, provide support, and operate its business, OmnaSense acts as an independent
business or controller as described in the Privacy Policy.
For Customer Monitoring Data that OmnaSense processes on Customer's behalf, Customer
is the business or controller and OmnaSense is the service provider or processor, unless the
parties agree otherwise in writing. Customer determines whether and how to monitor an
Authorized Target and is responsible for:
• providing legally required notices;
• obtaining legally required permissions or consents;
• honoring privacy choices and requests;
• avoiding unnecessary or excessive collection;
• selecting appropriate retention and deletion settings; and
• ensuring its instructions comply with law.
If applicable law requires additional processor terms, the parties will enter into OmnaSense's
then-current data processing addendum ("DPA"). If there is a conflict concerning the
processing of personal information, the DPA controls over these Terms.
8. Sensitive and Regulated Data
The Services are not designed to receive or store:
• payment-card numbers or authentication data subject to PCI DSS;
• protected health information subject to HIPAA;
• Social Security numbers, government identification numbers, or financial-account
credentials;
• biometric identifiers or biometric templates;
• precise geolocation tied to an identifiable person;
• production passwords, secret answers, private keys, or unrestricted access tokens in
journey inputs or visible page content;
• information collected from a child-directed service or known personal information of
children under 13; or
• other highly sensitive or specially regulated data,
unless OmnaSense expressly approves the specific use in a signed writing and the parties
implement required safeguards. Customer must use synthetic or appropriately masked test
data, test accounts, and narrowly scoped integration credentials. OmnaSense may delete or
quarantine prohibited data and suspend the related monitor.
9. Third-Party Services and Targets
The Services may interoperate with websites, tag managers, analytics platforms, advertising
platforms, server-side containers, email providers, and other services controlled by third
parties. Those services are governed by their own terms and privacy practices. Customer
authorizes OmnaSense to exchange data with customer-selected integrations as necessary
to perform the configured checks.
OmnaSense does not control and is not responsible for third-party systems, changes,
outages, API limits, data accuracy, access decisions, or acts or omissions. A third party's
failure may limit evidence or cause a monitor to report provider unavailable or not confirmed.
10. Alerts and Communications
Customer may designate recipients for alerts and reports. Customer represents that it has a
lawful basis to provide each recipient's contact information and send the requested
communications. Customer must keep recipient lists current and remove people who should
no longer receive messages.
Alerts are a convenience and may be delayed, duplicated, suppressed, misdirected, or not
delivered. Customer must not rely on an alert as its sole method of identifying a tracking,
revenue, security, compliance, or operational problem.
OmnaSense may send transactional messages about accounts, authentication, security,
service changes, the beta, and support. Marketing messages will include legally required
choices.
11. Beta and Evaluation Access
Beta, preview, trial, and evaluation features are pre-release and may be subject to additional
Beta Program Terms. OmnaSense may add, change, suspend, or discontinue them at any
time. Beta access does not guarantee future availability, pricing, support, or migration of data.
Unless an accepted order form says otherwise, closed-beta access is free, requires no
payment card, does not automatically convert to a paid subscription, and lasts for the period
stated in the invitation or Beta Program Terms. OmnaSense will obtain Customer's affirmative
agreement before charging for a paid plan.
12. Fees and Taxes
If Customer purchases paid Services, fees, usage limits, billing cycles, and payment terms will
be stated in an order form or checkout flow presented before purchase. Unless that document
states otherwise, fees are due in U.S. dollars and are non-refundable except as required by
law or expressly stated in the Agreement.
Customer is responsible for applicable sales, use, withholding, and similar taxes other than
taxes based on OmnaSense's net income. OmnaSense may suspend paid Services for
undisputed overdue amounts after reasonable notice.
13. OmnaSense Intellectual Property
OmnaSense and its licensors own the Services, software, documentation, designs, methods,
models, reports and report structures, and all related intellectual-property rights, excluding
Customer Data. Subject to the Agreement, OmnaSense grants Customer a limited,
non-exclusive, non-transferable, non-sublicensable right during the subscription or beta term
to access and use the Services for Customer's internal business purposes and authorized
client services.
Customer may not copy, modify, distribute, sell, lease, reverse engineer, decompile, or
attempt to extract source code from the Services except to the limited extent a restriction is
prohibited by law. Customer may not remove proprietary notices, use the Services to build a
materially competing product through systematic extraction, or publish non-public
performance or security testing without OmnaSense's written approval.
14. Feedback
If Customer or an Authorized User provides suggestions, ideas, or feedback, Customer grants
OmnaSense a perpetual, irrevocable, worldwide, royalty-free right to use and incorporate it
without restriction or obligation. This does not transfer ownership of Customer Data or permit
OmnaSense to identify Customer publicly without permission.
15. Confidentiality
"Confidential Information" means non-public information disclosed by one party ("Discloser")
to the other ("Recipient") that is identified as confidential or reasonably should be understood
as confidential. Customer Data and non-public product, security, pricing, and roadmap
information are Confidential Information. Confidential Information excludes information the
Recipient can document: (a) is public without breach; (b) was lawfully known without
restriction; (c) is received lawfully from a third party without duty; or (d) is independently
developed without use of the information.
Recipient will use reasonable care, at least the care it uses for similar information, to protect
Confidential Information; use it only for the Agreement; and disclose it only to personnel,
affiliates, providers, and advisers who need to know and are bound by protective duties.
Recipient may disclose information when legally required, and where permitted will give
prompt notice and reasonable assistance. These duties continue for three years after
disclosure, except trade-secret protection continues while the information remains a trade
secret under applicable law.
16. Suspension
OmnaSense may limit or suspend access immediately when reasonably necessary to prevent
or address a security threat, illegal activity, material breach, harm to a target or third party,
excessive traffic, nonpayment, or legal demand. Where practical and lawful, OmnaSense will
provide notice and an opportunity to cure. OmnaSense will use reasonable efforts to limit a
suspension to the affected account, monitor, integration, or activity.
17. Term and Termination
These Terms begin when Customer first accepts them or uses the Services and continue until
all access and order forms end. Either party may terminate a free beta or evaluation at any
time. Paid subscriptions may be terminated as stated in the applicable order form.
Either party may terminate for a material breach that is not cured within 30 days after written
notice, or immediately if the breach cannot reasonably be cured. OmnaSense may terminate
immediately for unlawful use, a serious security threat, unauthorized monitoring, or repeated
Acceptable Use Policy violations.
Upon termination, Customer's right to use the Services ends. Customer should export needed
information before termination. OmnaSense will delete or return Customer Data as required
by an applicable DPA or order form and may otherwise delete it after a reasonable wind-down
period, subject to backups, legal retention, security records, and unresolved disputes.
Sections that by their nature should survive will survive, including ownership, confidentiality,
disclaimers, liability limitations, indemnity, and general terms.
18. No Professional Advice; Customer Verification
The Services provide technical observations and evidence, not legal, privacy, security,
accounting, tax, advertising-platform, or other professional advice. OmnaSense does not
certify that Customer or an Authorized Target complies with law, industry standards, consent
requirements, or provider policies.
Monitoring can produce false positives, false negatives, incomplete evidence, stale
information, and incorrect classifications. A passing run does not prove complete data
collection, attribution, revenue accuracy, consent compliance, or legal compliance. Customer
must independently validate important findings and maintain other controls appropriate to its
risks. The Services must not be Customer's sole method of validating analytics, advertising
measurement, regulatory compliance, revenue, conversions, site availability, or other
business-critical systems.
19. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, BETA FEATURES,
REPORTS, ALERTS, AND DOCUMENTATION ARE PROVIDED "AS IS" AND "AS
AVAILABLE." OMNASENSE DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND
OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET
ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE
OF TRADE.
OMNASENSE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED,
SECURE, ERROR-FREE, OR COMPLETE; THAT EVERY TRACKING OR MARKETING
FAILURE WILL BE FOUND; THAT EVERY ALERT WILL BE DELIVERED; THAT
THIRD-PARTY EVIDENCE WILL BE AVAILABLE; OR THAT RESULTS WILL MEET
CUSTOMER'S REQUIREMENTS. THE FOREGOING DISCLAIMERS DO NOT EXCLUDE
WARRANTIES THAT CANNOT LAWFULLY BE DISCLAIMED.
20. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE
FOR LOST PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, OR
FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE
DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY'S TOTAL AGGREGATE
LIABILITY ARISING OUT OF OR RELATING TO THE AGREEMENT WILL NOT EXCEED
THE GREATER OF: (A) THE AMOUNTS CUSTOMER PAID OR PAYABLE TO
OMNASENSE FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE 12
MONTHS BEFORE THE EVENT FIRST GIVING RISE TO LIABILITY; OR (B) US$100.
The exclusions and cap do not apply to Customer's payment obligations; either party's fraud
or willful misconduct; Customer's infringement or misuse of OmnaSense intellectual property;
Customer's breach of Sections 4, 5, or 8; or liabilities that cannot lawfully be limited. The
allocation in this Section is an essential basis of the bargain and applies even if a remedy fails
of its essential purpose.
21. Indemnification
Customer will defend, indemnify, and hold harmless OmnaSense, its affiliates, and their
personnel from third-party claims, damages, judgments, penalties, costs, and reasonable
attorneys' fees arising from or relating to: (a) Customer Data or an Authorized Target; (b)
Customer's monitoring instructions or lack of authorization; (c) Customer's violation of law,
third-party rights, or the Acceptable Use Policy; or (d) Customer's use of the Services in
breach of the Agreement. OmnaSense will promptly notify Customer of a claim, provide
reasonable cooperation at Customer's expense, and allow Customer to control the defense
and settlement, provided Customer may not admit fault by or impose non-monetary
obligations on OmnaSense without consent.
22. Changes to the Services or Terms
OmnaSense may improve, modify, or discontinue features. For a material reduction in paid
core functionality, Customer's remedies, if any, will be stated in the applicable order form.
OmnaSense may update these Terms. We will post the updated version and revise the "Last
Updated" date. If a change materially reduces Customer's rights or increases Customer's
obligations during a paid term, we will provide reasonable advance notice, and the change will
take effect at renewal unless earlier application is required by law or necessary for security or
abuse prevention. Changes to free beta access may take effect on notice. Continued use after
the effective date constitutes acceptance where permitted by law.
23. Governing Law and Disputes
The Agreement is governed by the laws of the State of Georgia, without regard to
conflict-of-laws rules. The state and federal courts located in the Georgia county where OmnaSense's principal place of business is located, Georgia will have
exclusive jurisdiction, and each party consents to personal jurisdiction and venue there. The
United Nations Convention on Contracts for the International Sale of Goods does not apply.
Before filing a claim, a party will give written notice describing the dispute and allow 30 days
for good-faith informal resolution. Either party may seek immediate injunctive or equitable
relief to protect security, Confidential Information, or intellectual-property rights. Nothing in this
Section prevents a party from bringing a claim in small-claims court if eligible.
24. U.S. Government and Export Compliance
The Services are commercial computer software and commercial computer software
documentation. Customer may not use or export the Services in violation of U.S.
export-control or sanctions laws. Customer represents that it is not located in, organized
under the laws of, or ordinarily resident in a comprehensively sanctioned jurisdiction and is not
a prohibited party.
25. General Terms
Notices. Legal notices to OmnaSense must be sent to the in-product Help & support channel and [MAILING
ADDRESS]. OmnaSense may send notices to the email associated with Customer's account,
through the Services, or as otherwise stated in an order form. Email notice is effective when
sent unless the sender receives a failure notice.
Assignment. Neither party may assign the Agreement without the other's consent, except to
an affiliate or in connection with a merger, reorganization, acquisition, or sale of substantially
all relevant assets, provided the assignee agrees to be bound and is not a direct competitor of
the non-assigning party. An unauthorized assignment is void.
Subcontractors. OmnaSense may use subcontractors and remains responsible for their
performance to the extent required by the Agreement.
Force majeure. Neither party is liable for delay or failure caused by events beyond its
reasonable control, excluding payment obligations.
Independent contractors. The parties are independent contractors. The Agreement does not
create a partnership, franchise, joint venture, fiduciary, or employment relationship.
No third-party beneficiaries. The Agreement creates no third-party beneficiary rights.
Waiver and severability. A waiver must be in writing and is not a continuing waiver. If a
provision is unenforceable, it will be modified to the minimum extent necessary, and the
remainder remains effective.
Entire agreement and order of precedence. The Agreement is the complete agreement
about the Services and supersedes prior or contemporaneous proposals and
communications. If terms conflict, the order of precedence is: (1) a signed DPA for
data-processing issues; (2) a signed order form; (3) the Beta Program Terms for beta-specific
issues; (4) these Terms; and (5) the Acceptable Use Policy. The Privacy Policy describes data
practices and does not reduce contractual obligations in a DPA.
Electronic acceptance. Electronic acceptance, including an unchecked clickwrap box, has
the same effect as a handwritten signature where permitted by law.
26. Contact
OmnaSense
Mailing address available through the in-product Help & support channel.
Legal: the in-product Help & support channel
Support: the in-product Help & support channel
Security: the in-product Help & support channel