Terms of Use

These Terms of Use (the “Terms”) govern your access to and use of the websites, mobile applications, web applications, voice services, application programming interfaces and other products and services made available by ONICARES AI PRIVATE LIMITED, a company incorporated under the laws of India and operating under the ONI brand (referred to in these Terms as “ONI”, “we”, “us” or “our”). The products and services covered by these Terms are together referred to as the “Services.”

These Terms, together with our Privacy Policy and any product-specific or supplementary terms we may publish, form a binding legal agreement between you and ONI (the “Agreement”). Please read them carefully before using the Services. If you are using the Services on behalf of an organisation – such as a clinic, hospital or other healthcare provider – you represent that you are authorised to accept these Terms on that organisation’s behalf, and “you” refers to that organisation.

By downloading, accessing, registering for or using the Services, you accept these Terms and agree to be bound by them. If you do not agree with any part of these Terms, you must not access or use the Services.

These Terms supersede any prior terms and conditions communicated to you in relation to the Services. They replace, in full, any earlier terms published under previous company names, brands, products or addresses, which no longer apply.

1.1 Order of precedence

If there is any conflict between these Terms and another document forming part of the Agreement, the following order of precedence applies, unless a specific document states otherwise: (a) any product-specific or supplementary terms you have accepted for a particular feature; (b) these Terms; and (c) the Privacy Policy. The Privacy Policy governs how we handle personal data and is incorporated into these Terms by reference.

In these Terms, capitalised terms have the meanings given below. Terms defined in the Digital Personal Data Protection Act, 2023 and the Digital Personal Data Protection Rules, 2025 (together, the “DPDP Law”) carry the meaning given to them there unless the context requires otherwise.

ONI operates an artificial-intelligence-powered continuum pregnancy care platform that supports pregnant mothers and the clinicians who care for them across the course of a pregnancy. The Services currently include:

• ONI MOM – a mobile application for pregnant mothers supporting pregnancy monitoring, structured pregnancy records, health logging, patient engagement, appointment management and educational content.
• ONI DIDI – a clinician-facing voice AI application supporting voice interaction, AI-assisted documentation and workflow support.
• ONI Clinician Dashboard – a web application used by Clinicians and their authorised staff to manage patients, review structured pregnancy records, generate clinical workflows and coordinate care.

These Terms also apply to future ONI products, features, models and services that reference or link to them. We may add, change, suspend or discontinue features of the Services at our discretion, as described in Section 19.

3.1 Registered office

You must be 18 years of age or older and capable of entering into a legally binding contract under Indian law to register for and use the Services in your own right. By using the Services, you represent and warrant that you meet these requirements and that the information you provide is accurate and complete.

The Services are intended for pregnant women receiving care under the supervision of a healthcare provider, and for Clinicians, their authorised staff and Providers. Where care is delivered to a pregnant patient who is a minor (under 18) or to a person with a disability who has a lawful guardian, a parent or lawful guardian must accept these Terms and provide the verifiable consent required under the DPDP Law before the individual’s personal data is processed, as further described in the Privacy Policy. The Services are not designed or intended for independent use by children.

You agree to use the Services only for lawful purposes, in accordance with these Terms and all applicable laws, and only for the purposes for which they are provided. Your access to and use of the Services is at ONI’s discretion, and we may refuse, suspend or withdraw access as set out in these Terms.

5.1 Registration

Certain Services require you to register for an account. You agree to provide accurate, current and complete information during registration and to keep it updated. If you provide information that is untrue, inaccurate, outdated or incomplete, or we have reasonable grounds to suspect this, we may suspend or terminate your account and access to the Services.

5.2 Account security

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account, whether or not authorised by you. You must notify us promptly at support@onicares.com of any actual or suspected unauthorised use of your account or any other breach of security. While we implement reasonable safeguards, we are not liable for losses arising from unauthorised use of your account resulting from your failure to keep your credentials secure, and you may be liable for losses caused to ONI or others by such unauthorised use.

5.3 Roles and permissions

Accounts are associated with roles (for example, Patient, Clinician or administrator) that determine the features and data you may access. You must use the Services only within the scope of your role and the permissions granted to you, and you must not attempt to access data or functions outside that scope.

ONI is a technology company. The Services provide software, artificial-intelligence tools and infrastructure that support Clinicians and Providers in delivering care and that help Patients engage with their pregnancy care. ONI does not itself practise medicine, provide healthcare or medical services, give medical advice, make diagnoses, or prescribe treatment, and is not a hospital, clinic, laboratory, pharmacy or healthcare provider.

Where care is delivered through or alongside the Services, that care is provided by the treating Clinician and Provider, who are solely responsible for it. Any professional relationship, and all clinical responsibility, is between the Patient and the Clinician or Provider, not with ONI. ONI is not a party to, and is not responsible for, the healthcare services, decisions, advice, treatment, conduct or omissions of any Clinician or Provider.

The Services are tools to assist care; they are not a substitute for professional medical judgement, examination, advice, diagnosis or treatment. You should always rely on, and consult, a qualified Clinician for medical decisions.

This Section applies to Patients and other individuals using ONI MOM or whose information is recorded in the Services in the course of care.

7.1 Use of the app

ONI MOM helps you monitor your pregnancy, keep structured records, log health information, manage appointments, receive reminders and educational content, and engage with your care team. You are responsible for the accuracy of the information you enter and for keeping your contact details current, so that reminders and communications reach you correctly.

7.2 Reminders and content are supportive, not medical advice

Reminders (including appointment, test and health reminders), educational content, general health tips and general pregnancy guidance provided through the app are supportive in nature and are provided to assist you. They do not constitute medical advice and are not a substitute for consulting your Clinician. Some of this content may be generated automatically, as described in Section 9. If any content appears inconsistent with your Clinician’s advice, or if you have any health concern, rely on and contact your Clinician.

7.3 Reminders may not always be delivered

While we make reasonable efforts to deliver reminders and notifications reliably, we do not guarantee that they will always be delivered, or delivered on time or accurately. You should not rely solely on app reminders for time-critical matters such as taking medication; always follow your Clinician’s instructions and your prescription. You can manage or switch off certain notifications in the app settings.

7.4 Appointments

Where the Services allow you to view or manage appointments with your Clinician or Provider, ONI facilitates scheduling but does not control the availability of any Clinician and is not responsible for appointments that are cancelled, rescheduled or not honoured by a Clinician or Provider, or for any fees they charge. Any professional or consultation fees are a matter between you and the Clinician or Provider.

This Section applies to Clinicians, their authorised staff, and Providers using ONI DIDI, the ONI Clinician Dashboard or other Services.

8.1 Professional standing and responsibility

You represent and warrant that you (and each member of your staff using the Services) are duly registered, licensed and qualified to practise medicine or to provide the relevant healthcare or wellness services under all applicable laws, regulations and professional guidelines, and that you are not subject to any restriction that prevents you from doing so. You remain solely responsible for your professional conduct, for the care you deliver, for compliance with all laws and professional standards applicable to you, and for the clinical accuracy and appropriateness of all decisions, documentation and records relating to your patients.

8.2 Use of AI tools

You acknowledge that the AI Features are decision-support and productivity tools that assist – and do not replace – your professional judgement, and that you are responsible for reviewing, verifying and, where appropriate, correcting AI-generated outputs before relying on them or allowing them to influence patient care, as further described in Section 9. You must exercise your independent clinical judgement at all times.

8.3 Your responsibilities for data and records

Where you enter, upload or generate patient information through the Services, you are responsible for its accuracy, for having a lawful basis and any consent required to process it, and for complying with your own obligations under the DPDP Law and applicable medical-records and confidentiality rules. Where ONI processes personal data on your behalf, ONI acts as a Data Processor and you act as the Data Fiduciary in respect of that data, and the allocation of responsibilities is as set out in the Privacy Policy and any data processing terms agreed between us.

8.4 Authorised users and access

You are responsible for your authorised staff’s use of the Services, for granting and revoking their access appropriately, and for ensuring they comply with these Terms. You must promptly disable access for staff who no longer require it.

8.5 Lawful use

You represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law arising from your use of the Services is your sole responsibility, and ONI accepts no liability for it.

Artificial intelligence is central to how the Services support continuum pregnancy care. This Section explains how AI is used and its limitations. It should be read together with the corresponding section of the Privacy Policy.

9.1 AI assists clinicians and does not replace them

The AI Features are designed to assist Clinicians and to support the delivery of care. They are decision-support and productivity tools. AI does not replace the professional judgement of a qualified Clinician, and responsibility for clinical decisions relating to diagnosis, treatment and care remains with the treating Clinician and Provider. AI outputs are not a substitute for professional medical advice, diagnosis or treatment, and must not be relied upon as such.

9.2 Clinician oversight of significant recommendations

Clinically significant recommendations – those that could materially affect diagnosis, treatment or the management of a pregnancy – remain under Clinician oversight and are intended to be reviewed, confirmed or acted upon by a qualified Clinician before they influence care.

9.3 Automatically generated content

Because the Services deliver continuum care across the length of a pregnancy, certain non-diagnostic, supportive and administrative content may be generated and delivered automatically, without individual Clinician review of each item before it reaches a Patient. This may include appointment reminders, test and screening reminders, educational content, general health tips, follow-up and check-in messages, administrative messages, patient-engagement workflows and general pregnancy guidance. Such content is general and supportive; it is not personalised medical advice and is not a substitute for consulting a Clinician. Only clinically significant recommendations remain under Clinician oversight as described above.

9.4 Accuracy and your responsibilities

AI systems can produce outputs that are incomplete, inaccurate or not appropriate for a particular individual. We do not warrant that AI outputs are accurate, complete, reliable or fit for any particular purpose. Clinicians are responsible for reviewing and verifying AI outputs before relying on them, and Patients should not rely on AI-generated content in place of professional advice. AI Features may use leading medical and general-purpose large language models, and future versions may use models developed by ONI; the third parties involved are described in the Privacy Policy.

Some Services, including ONI DIDI, use voice artificial intelligence, which combines speech-to-text, a large language model and text-to-speech. By using voice features, you acknowledge and agree that:

• Your voice conversations may be processed to understand, respond and support documentation and clinical workflows;
• Transcripts of voice conversations may be generated and stored for use within the Services;
• Voice recordings may be stored where retention is required for clinical, quality-assurance, safety, legal or regulatory purposes;
• Where consent is required for recording or processing voice data, it will be obtained, and you will be informed when voice features are active; and
• Voice conversation data may be used to improve ONI’s systems only after de-identification, as described in the Privacy Policy.

You must not use voice features to input information you are not authorised to share, and Clinicians must ensure any patient consent required for voice interactions has been obtained.

11.1 No doctor–patient relationship with ONI

Any information, guidance, suggestions or other material made available through the Services – including content generated by AI or provided by Clinicians through the Services – is for informational and supportive purposes and does not create any licensed-professional or doctor–patient relationship between you and ONI. ONI does not provide medical advice, diagnosis or treatment. We make no representation or warranty regarding the qualifications, quality or conduct of any Clinician, and we are not liable for any decision made or action taken by you in reliance on information obtained through the Services.

11.2 Not for emergencies

The Services are not intended to be, and must not be used as, a substitute for emergency healthcare. If you or another person face a medical emergency, contact your Clinician, an ambulance service, or a hospital directly and immediately. Do not use the Services to seek urgent or emergency assistance.

12.1 Records

The Services may allow you to store and access records, which may include information you create or upload and information generated through your interaction with a Clinician or Provider using ONI. Records are provided to support your care and are made available on an “as-is” basis. Records created by a Clinician or Provider are their responsibility; if you believe any record is inaccurate or incomplete, contact the relevant Clinician or Provider, who is responsible for that content. ONI does not independently validate the clinical content of records and is not responsible or liable for the clinical accuracy, completeness or language of any record created by a Clinician or Provider.

12.2 Dependents

If you use the Services to manage information on behalf of a dependent or another person, you represent and warrant that you are authorised to do so and to provide, share and process that person’s information, including any consent required under the DPDP Law. You are responsible for that person’s information as if it were your own, and you agree to indemnify ONI against any claim arising from the unauthorised use of such information.

12.3 Deletion and retention

You may request deletion of your account and associated records as described in the Privacy Policy. Please note that records held by a Clinician or Provider in their own accounts, and data we are required to retain under applicable law, may continue to be retained as described in the Privacy Policy. Retention and erasure of personal data are governed by the Privacy Policy and the DPDP Law.

Our collection and use of personal data in connection with the Services is described in our Privacy Policy, which forms part of the Agreement. By using the Services, you acknowledge that your personal data will be processed in accordance with the Privacy Policy and the DPDP Law. Where consent is required for a particular processing activity, we will seek it separately and specifically.

Where we act as a Data Processor on behalf of a Clinician or Provider, that Clinician or Provider is the Data Fiduciary and is responsible for the lawful basis of processing. You are responsible for ensuring that any personal data you provide has been collected and shared lawfully, and that you have any necessary rights and consents to provide it to us.

You agree not to misuse the Services. In particular, you must not, and must not permit anyone else to:

• Use the Services for any unlawful, fraudulent, harmful or unauthorised purpose, or in breach of these Terms or applicable law;
• Upload, submit or transmit any Content that is unlawful, harmful, harassing, defamatory, obscene, pornographic, paedophilic, invasive of privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes any intellectual property, privacy or other right of any person;
• Upload Content that harms minors in any way, that impersonates any person, or that deceives or misleads as to its origin;
• Upload or transmit any viruses, malware or other code designed to interrupt, damage, disable or impair the Services or any system or data;
• Attempt to gain unauthorised access to, interfere with, disrupt or compromise the Services, any accounts, systems, networks or data, or any security or access-control measures;
• Decompile, disassemble, reverse engineer or otherwise attempt to derive the source code, models, prompts or underlying structure of the Services, except to the extent expressly permitted by law;
• Copy, reproduce, scrape, harvest, frame, deep-link, republish, distribute, sell, license or create derivative works from the Services or any ONI Content, except as expressly permitted;
• Use any robot, spider, scraper or other automated means to access or monitor the Services, or use the Services for benchmarking or competitive analysis;
• Use the AI Features to generate unlawful, harmful or misleading content, to attempt to circumvent safety measures, or in a manner inconsistent with their intended clinical-support purpose;
• Submit information that you know to be false, inaccurate or misleading, or that you are not authorised to submit;
• Use the Services in any way that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or that incites any offence.

We may investigate and take appropriate action, including removing Content, suspending or terminating access, and reporting to and cooperating with authorities, where we believe these Terms or the law have been breached.

15.1 Your Content

You are responsible for the Content you submit through the Services, and you represent and warrant that you have all rights necessary to submit it and that it does not breach these Terms, any law, or any third-party right. You retain your rights in your Content, subject to the ownership and licence terms in Section 16. We are not obliged to publish, retain or use any Content you submit and may remove or decline to publish Content as permitted or required by law.

15.2 Feedback

If you provide feedback, ratings or reviews, you must ensure they are accurate, lawful and provided in good faith. You agree we may contact you by telephone, email, SMS or other electronic means to obtain, verify or address feedback or queries relating to the Services. We may use feedback to operate and improve the Services without any obligation to you.

15.3 Intermediary status

To the extent the Services host or make available Content created by Users, ONI acts as an intermediary under the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (the “Intermediary Rules”). ONI does not endorse, and is not responsible for, User-generated Content. On obtaining knowledge, or on receiving a valid complaint or a lawful order, of Content that breaches Section 14 or the Intermediary Rules, we may disable or remove such Content and may preserve it and associated records for the period required by law for production to governmental authorities. Grievances relating to such Content may be raised with our Grievance Officer under Section 24.

16.1 ONI’s intellectual property

The Services and all rights, title and interest in and to them – including our software, source code, algorithms, prompts, templates, AI orchestration logic, models, workflows, interfaces, designs, text, graphics, logos and other materials (“ONI Content”) – are owned by ONI or its licensors and are protected by intellectual-property and other laws. Except for the limited right to use the Services in accordance with these Terms, no rights are granted to you. You must not use ONI Content for any public or commercial purpose or personal gain except as expressly permitted.

16.2 Licence to you

Subject to your compliance with these Terms, ONI grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Services for their intended purpose. This licence ends when your right to use the Services ends.

16.3 Data ownership

Consistent with the Privacy Policy: Patients own their personal information; Providers own the clinical records generated during the course of the treatment they deliver, subject to the rights of the Patient and applicable law; and ONI owns the platform and its underlying technology, including its software, algorithms, prompts, templates, AI orchestration, models, workflows and other platform intellectual property. Nothing in these Terms transfers ownership of personal data to ONI, and nothing grants you any right in ONI’s intellectual property.

16.4 Licence to operate and improve the Services

You grant ONI the rights necessary to host, process, transmit, display and otherwise use Content to operate, secure, support and provide the Services to you, and to use de-identified and anonymised information to improve the Services and ONI’s systems and models, in each case as described in the Privacy Policy. Identifiable patient data is not used to train ONI’s AI models, as described in the Privacy Policy.

The Services rely on third-party providers for infrastructure, communications, analytics, error monitoring and artificial-intelligence processing, and may contain links to, or integrations with, third-party websites, applications, devices or services. Those third parties are described, where relevant to personal data, in the Privacy Policy.

ONI does not control, and is not responsible for, the content, accuracy, availability, security or practices of third-party services, and inclusion of a link or integration does not imply endorsement. Your use of third-party services is at your own risk and may be subject to the third party’s own terms. We may add, change or remove third-party providers and integrations over time, as described in the Privacy Policy. We are not liable for any loss arising from third-party services or from your reliance on them.

Some Services or features may be offered free of charge; others may require payment of fees or a subscription. Where fees apply, the applicable charges, billing terms and any refund or cancellation terms will be presented to you before you incur them, and by proceeding you agree to pay them. Fees are exclusive of taxes unless stated, and you are responsible for applicable taxes.

Payments may be processed by third-party payment providers; we do not store full card or financial-account numbers. Any professional, consultation or treatment fees charged by a Clinician or Provider are a matter between you and that Clinician or Provider, and ONI is not responsible for them. Except as required by law or expressly stated at the point of purchase, fees are non-refundable. We may change our fees on reasonable notice; changes do not affect fees already paid for the current billing period.

We strive to keep the Services available and reliable, but we do not guarantee uninterrupted, timely, secure or error-free operation. The Services may be unavailable from time to time due to maintenance, updates, technical issues or factors beyond our control, and we are not liable for any interruption. We may modify, add, suspend or discontinue any part of the Services, including features and integrations, at our discretion. Where a change materially and adversely affects your use, we will provide reasonable notice where practical. Support is provided on the channels and terms we make available from time to time.

To the fullest extent permitted by law, the Services, the AI Features and all ONI Content and information are provided on an “as is” and “as available” basis, without warranties or conditions of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, title and non-infringement, and any warranties arising from a course of dealing or usage of trade.

Without limiting the above, ONI does not warrant that: the Services will meet your requirements or be uninterrupted, secure or error-free; AI outputs, content, records or information will be accurate, complete, reliable, current or suitable for any purpose; defects will be corrected; or the Services are free of viruses or harmful components. Any reliance you place on the Services, AI outputs or information obtained through them is at your own risk. No advice or information, whether oral or written, obtained from ONI or through the Services creates any warranty not expressly stated in these Terms.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law.

To the fullest extent permitted by law, and except for liabilities that cannot be excluded under applicable law, in no event shall ONI or its directors, officers, employees, agents, licensors or service providers (together, the “Protected Entities”) be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or business, arising out of or relating to the Agreement or your use of, or inability to use, the Services, even if advised of the possibility of such damages.

Without limiting the above, the Protected Entities shall not be liable for: (a) the provision of, or failure to provide, any healthcare or services by any Clinician or Provider; (b) any act, omission, advice, treatment, negligence or misconduct of any Clinician, Provider or their staff; (c) any Content posted, transmitted or received by any User or other person; (d) any unauthorised access to or alteration of your transmissions or data not caused by ONI’s failure to meet its obligations; or (e) reliance on AI outputs, reminders or information provided through the Services.

Aggregate cap. To the fullest extent permitted by law, the total aggregate liability of the Protected Entities to you for all claims arising out of or relating to the Agreement or the Services (whether in contract, tort, including negligence, or otherwise) shall not exceed the greater of (i) the total fees you paid to ONI for the Service giving rise to the claim in the twelve (12) months immediately preceding the event giving rise to the claim, or (ii) INR 5,000 (Rupees Five Thousand).

You agree to indemnify, defend and hold harmless the Protected Entities from and against any claims, demands, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or relating to: (a) your use or misuse of the Services; (b) your breach of these Terms or the Agreement; (c) your violation of any applicable law or any right of any third party, including intellectual-property, privacy or publicity rights; (d) Content you submit; (e) for Clinicians and Providers, the care you deliver and your professional and legal obligations; and (f) your processing of any other person’s personal data, including a dependent’s, without proper authority or consent. ONI may assume the exclusive defence and control of any matter subject to indemnification, in which case you agree to cooperate.

We may suspend or terminate your access to the Services, in whole or in part, with or without notice, where: you breach these Terms or the Agreement; a third party credibly alleges that your use infringes its rights; we cannot verify or authenticate information you provide; we reasonably suspect illegal, fraudulent, abusive or harmful activity; or we believe your actions may cause liability for you, other Users or ONI, or are contrary to the interests or integrity of the Services. We may also suspend the Services as needed for security, legal or operational reasons.

You may stop using the Services at any time and may request closure of your account. On termination, your right to use the Services ends, and you may lose access to Content associated with your account, subject to the retention and erasure terms in the Privacy Policy and applicable law. Clinicians and Providers are responsible for maintaining their own records as required by law. Provisions that by their nature should survive termination – including those on intellectual property, data ownership, disclaimers, limitation of liability, indemnification, governing law and dispute resolution – survive.

If you have any question, concern or grievance regarding the Services, these Terms, or Content on the Services, please contact us using the details below. In accordance with the Information Technology Act, 2000 and the Intermediary Rules, and consistent with the DPDP Law, we have designated a Grievance Officer to address grievances, including those relating to the processing of personal data or to Content that breaches Section 14.

We will acknowledge and seek to resolve grievances within the timeframes required by applicable law. (The name of the currently designated Grievance Officer will be published here and updated from time to time; until then, grievances may be addressed to the Office of the Grievance Officer at the address and email above.)

The Agreement and any dispute or claim arising out of or in connection with it or the Services are governed by the laws of India.

Any dispute, claim or controversy arising out of or relating to the Agreement or the Services, including its existence, validity, interpretation, breach or termination, shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator appointed by mutual agreement of the parties, and failing such agreement, appointed in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Bengaluru, Karnataka, India, and the language shall be English. The award shall be final and binding on the parties. This clause does not prevent either party from seeking interim or injunctive relief from a court of competent jurisdiction.

Subject to the arbitration provision above, and to the jurisdiction of the Data Protection Board of India and the Telecom Disputes Settlement and Appellate Tribunal under the DPDP Law where applicable, the courts at Bengaluru, Karnataka, India shall have exclusive jurisdiction over any dispute arising out of or relating to the Agreement or the Services.

We may modify these Terms from time to time to reflect changes in the Services, technology, or legal or regulatory requirements. When we make changes, we will revise the “Last Updated” date above and, where the changes are material, provide more prominent notice, such as through the Services or by other appropriate means. Changes take effect when posted unless stated otherwise. Your continued use of the Services after changes take effect constitutes your acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Services.

27.1 Entire agreement

The Agreement constitutes the entire agreement between you and ONI regarding the Services and supersedes all prior or contemporaneous understandings and terms relating to their subject matter.

27.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will continue in full force and effect, interpreted to give effect, as far as possible, to the original intent.

27.3 Waiver

No waiver of any provision of these Terms will be effective unless in writing and signed by ONI, and no waiver of any breach will constitute a waiver of any other or subsequent breach. ONI’s failure to enforce any right or provision will not constitute a waiver of it.

27.4 Assignment

You may not assign or transfer these Terms or any rights or obligations under them without ONI’s prior written consent. ONI may assign or transfer the Agreement, in whole or in part, including to an affiliate or in connection with a merger, acquisition or reorganisation.

27.5 Force majeure

ONI is not liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics or pandemics, war, civil unrest, government action, network, internet, hosting or telecommunications failures, or power outages.

27.6 Notices and communications

We may provide notices to you through the Services, by email, or by other reasonable means, and you consent to receiving communications from us electronically. Notices to ONI must be sent to the contact details in Section 24.

27.7 Relationship of the parties

Nothing in these Terms creates any partnership, joint venture, agency, franchise or employment relationship between you and ONI. You and ONI are independent parties.