Terms of use

The short version

• You run your business. You are responsible for every sale, transfer, record, listing and customer interaction in your store, on your website and in your account, and for following every law that applies to you.
• Omniscient is software. It helps you keep records built around ATF recordkeeping rules, but it is not legal advice and it does not guarantee compliance.
• The software, its design and the way it works belong to us. You get a license to use it for your own business. You may not copy it, take it apart, or use it to build something that competes with it.
• Fees are paid in advance and are not refundable unless we agree otherwise in writing.
• Our liability is limited, and disputes are resolved as set out in section 16.

The short version is a summary. The full terms below are the agreement.

1. Agreement

These terms of use (the “Terms”) are a binding agreement between Battle Ready Tech, LLC (“Battle Ready Tech”, “we”, “us”) and the business that uses Omniscient (“you”, the “Customer”). They cover the Omniscient point of sale, compliance, website, storefront, mobile and appliance software, every related service, document and update, and this website (together, the “Services”).

You accept these Terms when you sign an order form, create or use an account, or use the Services. The person who accepts them for a business confirms that they have authority to bind that business. If an order form signed by both parties conflicts with these Terms, the order form controls for that order only.

If you do not accept these Terms, do not use the Services.

2. Your account and your people

• You are responsible for everything done under your account, by your owners, employees, contractors and anyone else you let in (“Users”).
• Keep logins, PINs, devices and two-factor codes secure. Do not share a login between people. Tell us at once if you think your account has been misused.
• You must be at least 18 and legally able to run your business to use the Services.

3. Your business, your laws

You are solely responsible for knowing and following every law, regulation, ordinance and rule that applies to your business, wherever you operate in the United States of America. That includes federal, state, county, city and tribal law, and covers, among other things:

• firearm and ammunition sales, transfers, background checks, waiting periods, age limits, storage, shipping and recordkeeping, including the Gun Control Act, the National Firearms Act and ATF regulations;
• state and local firearm rules, including permits, rosters, magazine and feature limits, and any rule that differs from federal law;
• sales tax, business licensing and consumer protection;
• privacy, data security, biometric consent and breach notice for your own customers;
• text messages, phone calls, call recording and email marketing, including the TCPA and federal and state commercial email law;
• payment card network rules and your agreement with your payment processor.

The Services do not decide what is legal for you. Rules, forms, prompts, defaults, holds and checks in the Services are tools to help you do the job. They may not reflect every law in your area or every recent change, and they do not replace your own judgment or the advice of your own lawyer. Laws change. We are not obliged to update the Services for every change, and your compliance stays your responsibility whatever the Services do or do not do.

4. Not legal advice, no compliance guarantee

Omniscient is built around ATF recordkeeping rules. It is not a law firm and does not give legal, tax, compliance or regulatory advice. Nothing in the Services, our website, our marketing, our training or our support staff is legal advice. Using the Services does not guarantee that you comply with any law, and it does not guarantee any result in an ATF inspection or any other audit or investigation.

5. Your store, your website, your sales

Everything that happens in your store, on your website, through your storefront and in your account is your business and your responsibility. That includes your products, listings, prices, images, descriptions, claims, promotions, policies, orders, transfers, refunds, shipping, customer service and every transaction with your customers.

To the fullest extent the law allows, Battle Ready Tech has no liability for anything you, your Users or your customers do or fail to do, in your store, on your website or anywhere else. We are not a party to any sale between you and your customers, and we do not sell, transfer, ship or hold firearms, ammunition or any other goods.

You confirm that you own or have permission to use everything you upload or publish through the Services, and that it does not break any law or anyone else’s rights.

6. Our software and intellectual property

The Services, and everything in them and behind them, belong to Battle Ready Tech and its licensors. That includes the software, source and object code, designs, screens, layouts, look and feel, workflows, automations, compliance logic, rules engines, data models, databases, prompts, templates, documentation, trademarks, logos and the names Omniscient and Battle Ready Tech (together, “Our IP”). Our IP is protected by copyright, trademark, patent and trade secret law. Many of the methods and automations in the Services are not public, and you agree they are our confidential trade secrets.

We grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Services during your subscription, only for the internal operation of your own business, and only as these Terms allow. We keep every right we do not expressly grant.

7. What you may not do

You will not, and you will not let anyone else:

• copy, reproduce, modify, translate or create derivative works of any part of the Services or Our IP;
• reverse engineer, decompile, disassemble, decrypt or otherwise try to discover the source code, algorithms, structure, workflows or logic of the Services, except where the law expressly allows it despite this restriction;
• use the Services, screenshots, recordings, documentation or anything you learn from them to design, build, train, improve or market a product or service that competes with or imitates the Services;
• record, document or describe how the Services work in order to share that with a competitor or anyone building a similar product;
• sell, resell, rent, lease, license, sublicense, lend, share or give access to the Services to anyone outside your business;
• scrape, crawl, harvest or extract data or content from the Services, or access them by any automated means we have not provided;
• frame, mirror or white-label the Services, or remove or change any notice of ownership;
• run security, load or benchmark tests on the Services, or publish their results, without our written permission;
• get around any access control, plan limit, license key or security measure;
• use the Services to break any law, infringe anyone’s rights, or send spam or malicious code.

If you suggest an idea or improvement, we may use it freely, with no duty to you. You assign to us any rights you have in suggestions about the Services.

Breaking this section would cause us harm that money alone cannot fix. We may ask any court for an injunction or other urgent relief to stop it, without posting a bond, in addition to every other remedy. We may also suspend or end your access at once.

8. Confidentiality

Each of us will keep the other’s non-public information confidential, use it only for this agreement, and protect it at least as carefully as our own. Our non-public information includes Our IP, unreleased features, pricing and these Terms’ commercial details. Your non-public information includes Your Data. This duty lasts for as long as the information stays confidential, and for trade secrets, for as long as they remain trade secrets.

9. Your data

You own the business records and information you and your customers put into the Services (“Your Data”). You give us permission to host, copy, process, transmit and display Your Data only to provide, secure, support and improve the Services, and as the law requires. We may create aggregated, de-identified data that does not identify you or any person, and use it for any lawful purpose.

For your customers’ personal information, you decide what is collected and why, and we process it on your behalf as your service provider. You are responsible for having a lawful basis and any notice or consent the law requires, including written consent before you capture a fingerprint and notice before you record a call. Our privacy and security policy explains how we handle personal information.

You are responsible for the accuracy of Your Data and for keeping the records the law requires you to keep, in the form the law requires, including outside the Services where needed.

10. Other companies’ services

The Services connect to services run by other companies, such as payment processors, distributors, shipping carriers, tax, text message, phone, email and mapping providers. Your use of those services is between you and that company, under its terms. We are not responsible for their availability, accuracy, security, fees or conduct, and a change or outage on their side is not a breach by us.

11. Fees, billing and taxes

• You pay the fees in your order form or plan, in advance, for each billing period. Annual plans are billed in advance for the year.
• You authorize us to charge your payment method on file for every fee when it is due.
• All fees are non-refundable, including for partial periods, unused features and early cancellation, unless we agree otherwise in writing.
• Fees do not include taxes. You pay every sales, use and similar tax on the Services, other than taxes on our income.
• We may change prices for your next billing period with at least 30 days’ notice.
• If a payment fails or is late, we may suspend the Services after notice until you pay.

12. Term, cancellation and suspension

Your subscription runs for the period in your order form or plan and renews automatically for the same period unless either of us cancels before the renewal date. We may suspend or end your access at once if you break section 6 or 7, fail to pay, use the Services unlawfully, or put the Services, us or other customers at risk.

When your subscription ends, you may export Your Data for 30 days. After that we delete it, except what the law requires us to keep, what is in routine backups until they expire, and what we need for a legal claim. You are responsible for exporting and keeping your own ATF and other required records before that window closes. Sections 3 to 10 and 13 to 17 survive the end of the subscription.

13. Disclaimer of warranties

To the fullest extent the law allows, the Services are provided “as is” and “as available”, without warranty of any kind, express, implied or statutory. We disclaim every implied warranty of merchantability, fitness for a particular purpose, title, non-infringement and accuracy, and every warranty arising from course of dealing or usage of trade. We do not warrant that the Services will be uninterrupted, error free or secure, that every error will be fixed, or that the Services will meet any legal or regulatory requirement.

14. Limits on our liability

To the fullest extent the law allows, we are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, goodwill, data or business, or for fines, penalties, license actions or the cost of substitute services, however caused, even if we were told they were possible. Our total liability for all claims about the Services or these Terms is limited to the fees you paid us in the 12 months before the event that gave rise to the claim.

These limits do not limit your duty to pay fees, your duties under sections 6, 7, 8 and 15, or any liability that the law does not allow to be limited.

15. Your promise to protect us

You will defend, indemnify and hold harmless Battle Ready Tech and its owners, officers, employees and contractors from every claim, loss, fine, penalty, damage, cost and expense, including reasonable attorney fees, arising from: your business, your store, your website and your sales; your Users and your customers; Your Data; your breach of these Terms; your violation of any law or anyone’s rights; or any claim that you failed to comply with a law that applies to you.

16. Disputes

These Terms are governed by the laws of the State of Arizona and applicable federal law, without regard to conflict of laws rules.

Any dispute about the Services or these Terms will be resolved by final and binding arbitration, administered by the American Arbitration Association under its Commercial Arbitration Rules, before one arbitrator, in Maricopa County, Arizona. Judgment on the award may be entered in any court with jurisdiction. Either party may bring an eligible claim in small claims court instead.

Claims may be brought only individually, not as a plaintiff or class member in any class, collective or representative action, and the arbitrator may not combine claims of more than one customer.

Either party may go to court at any time for an injunction or other urgent relief to protect intellectual property or confidential information, or to stop a breach of section 7. Any such court action will be heard in the state or federal courts in Maricopa County, Arizona, and both parties consent to those courts.

Any claim must be brought within one year after it arises, or it is permanently barred, unless the law requires a longer period.

17. General

• Changes. We may update these Terms. We will post the new version here and, for changes that matter, tell you by email or in the Services at least 30 days before they take effect. Using the Services after that date means you accept them.
• Notices. We send notices to the email address on your account. Send legal notices to Battle Ready Tech, LLC, 4009 E Flower Ave, Mesa, AZ 85206, with a copy to [email protected].
• Assignment. You may not transfer these Terms without our written consent. We may transfer them as part of a merger, sale or reorganization.
• Events outside our control. Neither of us is liable for a delay or failure caused by events beyond reasonable control, other than your duty to pay.
• Whole agreement. These Terms, your order forms and the policies they name are the whole agreement and replace any earlier one on the same subject.
• Severability and waiver. If a court finds part of these Terms unenforceable, that part is enforced as far as allowed and the rest stays in force. Not enforcing a right is not a waiver of it.
• Relationship. We are independent contractors. Nothing here makes us partners, agents or employer and employee.
• Export. You will not use or export the Services in violation of United States export or sanctions law.

Contact

Questions about these Terms: [email protected].