Terms and conditions

1. Who we are

Omnirexis is the trading name of Ross Gallagher, a sole trader. In these terms, “we”, “us” and “our” mean Ross Gallagher trading as Omnirexis, and “you” means the person or business using our services.

Our address is Bartle House, 9 Oxford Court, Manchester M2 3WQ. We are not registered for VAT, so our prices do not include VAT. You can contact us at hello@omnirexis.co.uk.

2. Our services

We provide:

• automation and enquiry follow-up services, which log and chase enquiries that come in by phone, web form and email, with an optional chat assistant;
• the Content Engine, a monthly content service at £349 a month;
• Omnirexis PT, a software subscription for personal trainers, with four plans: Free (£0, up to 2 clients, a free plan and not a time-limited trial), Founding (£14.99 a month), Solo (£17.99 a month) and Pro (£24.99 a month).

Current prices and plan details are shown on our website and in the app. Custom work is set out in a written proposal or quote. Where a proposal or quote differs from these terms, the proposal or quote takes priority.

3. Accounts and acceptable use

If you create an account, you must give accurate information, keep it up to date and keep your login details secure. You are responsible for activity under your account.

You must not use our services for anything unlawful or abusive, to send spam, to reverse engineer or copy our software, or in a way that overloads or disrupts our systems.

4. Subscriptions and billing

Paid subscriptions are billed through Stripe, monthly in advance, and renew automatically each month until cancelled. You can cancel at any time. Cancellation takes effect at the end of your current billing period, and you keep access until then.

We do not give refunds for part months, except where the law requires. We may change our prices by giving you at least 30 days’ notice before the change applies to you.

5. Cooling-off rights for consumers

If you are a consumer (buying for purposes outside your trade or business) and you buy from us at a distance, you normally have 14 days to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

If you ask us to start a service within those 14 days and then cancel, you must pay for what we have provided up to the point you cancel. If we supply digital content or software straight away with your consent, and you acknowledge that you will lose your right to cancel, that right ends once supply starts.

When you start a paid Omnirexis PT plan, you can tick a box to ask for your subscription to start straight away. If you are a consumer and you do not tick that box, you keep your 14-day right to cancel. If you cancel within those 14 days after you have started using the service, you may have to pay for what you have used.

Most of our customers are businesses. Business customers do not have these statutory cooling-off rights.

6. Setup fees for custom work

Any setup fee for custom work is stated in the proposal or quote and is paid as stated there, for example in full upfront or in two parts. Once setup work has started, the setup fee is non-refundable, except where the law requires or where we fail to deliver what we agreed.

7. Your responsibilities

You are responsible for making sure the data, contact lists and marketing consents you use with our services are lawful, including under UK GDPR and the Privacy and Electronic Communications Regulations (PECR), and that you have the right to share that data with us. You are also responsible for the accuracy of the content you give us and the approvals you give.

When we handle your customers’ data, we act on your instructions. Our data processing addendum applies to that processing.

8. Intellectual property

We keep all rights in our software, templates, workflows and know-how. You own your data and your content. Once you have paid, you may use the deliverables we make for you in your business. We will only name you as a customer with your permission.

9. Availability

We aim to keep our services reliable, but we do not guarantee any level of uptime. We rely on third-party providers, such as our hosting provider, Stripe and email providers, which may have outages. We may also need to carry out maintenance from time to time.

10. Our liability

If you are a business customer, our total liability to you under or in connection with these terms is limited to the greater of the fees you paid us in the 12 months before the claim or £100. We are also not liable to business customers for any indirect or consequential loss, or for loss of profit, revenue or data.

Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited or excluded by law.

If you are a consumer, nothing in these terms limits or excludes your statutory rights under the Consumer Rights Act 2015 or other consumer law.

11. Ending the agreement

You can end your subscription or agreement as set out above. We may suspend or end your access if you do not pay, or if you seriously breach these terms.

When an agreement ends, you can ask us to export your data within 30 days. After that we will delete it, in line with our privacy policy.

12. Changes to these terms

We may update these terms. If we make a material change, we will give you notice before it takes effect, for example by email or in the app.

13. Privacy

How we handle personal data is explained in our privacy policy.

14. Governing law

These terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction. If you are a consumer living in Scotland or Northern Ireland, you may also bring a claim in the courts where you live.

15. Contact

Questions about these terms? Email hello@omnirexis.co.uk.