Terms & Conditions

Effective Date: 5/24/2026

These Terms and Conditions ("Terms", "Agreement") govern your access to and use of the services, websites, software, and applications (collectively, the "Services") provided by OmniVinco by Kanishk Enterprises ("OmniVinco", "Company", "we", "us", or "our"). By accessing or using the Services, you ("User", "Client", "you") agree to be bound by these Terms in their entirety. If you do not agree to all of the terms and conditions set forth herein, you must strictly refrain from using our Services.

1. Scope of Services & Modifications

1.1 Service Provision: Omnivinco provides elite software engineering, DevOps automation, and proprietary AI ecosystem solutions (OmniStack, OmniGenesis). The exact scope of deliverables will be strictly defined in a separate binding Statement of Work (SOW) or Master Services Agreement (MSA) signed by both parties.

1.2 Right to Modify: We reserve the absolute right to modify, suspend, or discontinue the Services (or any part or content thereof) at any time with or without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

2. Intellectual Property Rights & Copyright

2.1 Company Ownership: All underlying intellectual property, source code, AI models, algorithms, methodologies, documentation, and materials developed or provided by OmniVinco remain the sole and exclusive property of Kanishk Enterprises unless explicitly transferred in writing.

2.2 License Grant: Upon full payment of all undisputed fees, Omnivinco grants you a limited, non-exclusive, non-transferable license to use the custom software deliverables for your internal business operations.

2.3 No Infringement: You may not reverse engineer, decompile, or attempt to extract the source code of OmniStack, OmniGenesis, or any proprietary platform provided by us. Any unauthorized use of our intellectual property will result in immediate termination of Services and legal action for maximum statutory damages.

3. Limitation of Liability & Disclaimers

3.1 "AS IS" Basis: ALL SERVICES AND PRODUCTS 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, AND NON-INFRINGEMENT.

3.2 Cap on Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OMNIVINCO OR KANISHK ENTERPRISES, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES.

3.3 Maximum Liability: Under no circumstances will Omnivinco's total liability to you for any claims arising under this Agreement exceed the total amount paid by you to Omnivinco in the three (3) months preceding the event giving rise to the claim.

4. Data Security & Breach Exemption

4.1 Best Efforts: We implement industry-standard encryption and security protocols. However, no digital transmission or storage system is 100% secure.

4.2 No Liability for Breaches: By using our Services, you explicitly acknowledge that Omnivinco shall not be held liable for any data breaches, unauthorized third-party access, cyber-attacks, ransomware, or loss of data, unless such event is proven to be the direct result of our gross negligence or willful misconduct.

5. Indemnification

You agree to fiercely defend, indemnify and hold harmless Omnivinco and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms; or c) content posted on the Service.

6. Governing Law & Dispute Resolution

6.1 Jurisdiction: These Terms shall be governed and construed in accordance with the laws of India, specifically within the jurisdiction of the courts of Andhra Pradesh, without regard to its conflict of law provisions.

6.2 Arbitration: Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by binding arbitration under the rules of the Indian Arbitration and Conciliation Act.