Last Updated: August 6, 2026
These Management Portal Terms of Service (“Portal Terms”) govern access to and use of the Omnisight cloud-based device management application located at app.omnisightusa.com and any successor URL (the “Portal”), provided by Omnisight, Inc., a Delaware corporation with its principal place of business at 100 Coastal Drive, Suite 150, Daniel Island, SC 29492 (“Omnisight,” “we,” “us,” or “our”).
PLEASE NOTE: These Portal Terms govern only use of the online Portal. They are separate from, and do not replace, (a) the underlying purchase order, quote, or master services/purchase agreement between Omnisight and the customer entity governing the sale, license, or subscription of Omnisight hardware and services (the “Order”), and (b) the Omnisight Website Terms of Use, which govern the public marketing website at omnisightusa.com. In the event of a conflict between these Portal Terms and an executed Order, the Order controls with respect to pricing, payment, product warranties, and service levels; these Portal Terms control with respect to access to and use of the Portal itself.
The Portal is available only to Customers with an active Order and their Authorized Users. When an Authorized User creates or is issued Portal credentials, Customer agrees to: (i) ensure the accuracy of registration information; (ii) maintain the confidentiality of login credentials; (iii) restrict Portal access to Authorized Users; and (iv) promptly notify Omnisight of any suspected unauthorized access. Customer is responsible for all activity occurring under its Authorized Users’ accounts, except to the extent caused by Omnisight’s failure to meet its security obligations under these Portal Terms.
Subject to these Portal Terms and the applicable Order, Omnisight grants Customer a non-exclusive, non-transferable, revocable right to access and use the Portal during the applicable subscription or service term, solely for Customer’s internal business purposes in connection with its Devices. No rights are granted other than those expressly stated here.
As between Customer and Omnisight, Customer owns Customer Data, including Sensor Data collected from Customer’s Devices. Omnisight owns the Portal, its software, and all underlying technology, and nothing in these Portal Terms transfers any ownership interest in the Portal to Customer.
Customer grants Omnisight a license to host, process, transmit, and display Customer Data as necessary to provide the Portal and related support, and a license to use Sensor Data in de-identified, aggregated form (Aggregated Data) to operate, support, and improve Omnisight’s products and services, including model and analytics development, provided that Aggregated Data does not identify Customer or any individual.
Customer acknowledges that where Customer is a government or public agency, Customer Data in Customer’s possession may be subject to public records or freedom of information laws applicable to Customer. Omnisight is not responsible for Customer’s compliance with such laws with respect to Customer’s own records.
Customer and its Authorized Users will not, and will not permit any third party to:
Omnisight will use commercially reasonable efforts to make the Portal available, subject to scheduled maintenance and factors outside Omnisight’s reasonable control. THE PORTAL AND SENSOR DATA ARE PROVIDED FOR INFORMATIONAL AND OPERATIONAL-PLANNING PURPOSES. THE PORTAL IS NOT A SAFETY, LIFE-SAFETY, OR EMERGENCY-RESPONSE SYSTEM, AND CUSTOMER IS SOLELY RESPONSIBLE FOR ANY DECISION THAT RELIES ON SENSOR DATA, INCLUDING DECISIONS AFFECTING TRAFFIC CONTROL, ROADWAY SAFETY, OR PUBLIC SAFETY OPERATIONS.
Each party will protect the other’s non-public business, technical, and Customer Data information disclosed in connection with the Portal using at least the same degree of care it uses to protect its own confidential information of similar nature, and not less than reasonable care, and will not disclose such information except to its personnel and contractors with a need to know, or as required by law (including public records laws applicable to a government Customer).
Fees for Portal access are set forth in the applicable Order. If Customer’s account becomes past due, Omnisight may suspend Portal access upon notice until amounts owed are paid, without affecting Customer’s payment obligations under the Order.
These Portal Terms remain in effect for as long as Customer has an active Order permitting Portal access. Either party may terminate Portal access for the other party’s uncured material breach following 30 days’ written notice and an opportunity to cure. Omnisight may suspend access immediately, without advance notice, where reasonably necessary to prevent harm to the Portal, other customers, or third parties (for example, a security incident or unlawful use), and will notify Customer promptly thereafter. Upon termination of the underlying Order, Portal access will end; Omnisight will make Customer Data available for export for a reasonable period (not less than 30 days, unless the Order states otherwise) before deletion.
The Portal, including its software, interfaces, and documentation, is and remains the property of Omnisight and its licensors. Except for the limited license granted in Section 3, no rights in the Portal are granted to Customer.
EXCEPT AS EXPRESSLY STATED IN AN APPLICABLE ORDER, THE PORTAL IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, OMNISIGHT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND DOES NOT WARRANT THAT THE PORTAL WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT SENSOR DATA WILL BE COMPLETE OR ACCURATE IN ALL CONDITIONS.
EXCEPT FOR (I) A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS, (II) CUSTOMER’S BREACH OF SECTION 5 (ACCEPTABLE USE), OR (III) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE PORTAL, AND EACH PARTY’S TOTAL LIABILITY ARISING OUT OF THE PORTAL WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER FOR PORTAL ACCESS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Customer will indemnify and hold Omnisight harmless from third-party claims arising from Customer’s breach of Section 5 (Acceptable Use) or Customer’s violation of applicable law in its use of the Portal. Omnisight will indemnify and hold Customer harmless from third-party claims that the Portal, as provided by Omnisight and used in accordance with these Portal Terms, infringes a third party’s U.S. intellectual property rights.
Where Customer is a U.S. federal, state, or local government entity, the parties acknowledge that certain provisions of these Portal Terms (including indemnification, governing law, and limitation of liability) may be subject to, and interpreted consistently with, applicable public procurement law.
Customer represents that it is not located in, and is not a national or resident of, any country subject to U.S. government embargo, and is not listed on any U.S. government list of prohibited or restricted parties.
These Portal Terms are governed by the laws of the State of South Carolina, without regard to conflict-of-laws principles. Any dispute will be brought exclusively in the state or federal courts located in Charleston County, South Carolina, except where a government Customer’s applicable procurement law requires otherwise.
These Portal Terms, together with the applicable Order and the Omnisight Privacy Policy (with respect to personal information of Authorized Users), constitute the entire agreement between the parties regarding use of the Portal. In the event of a direct conflict, the Order controls as to commercial terms, and these Portal Terms control as to use of the Portal.
We may update these Portal Terms from time to time. For material changes, we will provide at least 30 days’ notice before the change takes effect, by posting notice in the Portal or by email to Customer’s account contact. Continued use of the Portal after the effective date constitutes acceptance.
Questions about these Portal Terms may be directed to: info@omnisightusa.com or Omnisight, Inc., 100 Coastal Drive, Suite 150, Daniel Island, SC 29492.