myFiber Omni EMS – Terms & Conditions

1. Platform Scope and Ownership

• myFiber Omni EMS is a SaaS platform developed, owned, and maintained exclusively by OFiber Communications Inc.
• The Platform assists ISPs in managing subscriber records, billing, invoicing, collections, payments integrations, operational records, reporting, notifications, and automation.
• The Platform is a management and automation tool only and does not operate as an ISP, carrier, reseller, or payment collector on behalf of the Client.

2. Client Eligibility

• Access is intended exclusively for legitimate ISPs and network operators.
• The Client represents it is legally registered, holds required permits/licenses, and complies with applicable laws.
• OFiber does not verify regulatory compliance and assumes no liability for the Client’s legal standing or operations.

3. Account Access and Security

• The Client is responsible for authorized users, roles/permissions, and safeguarding credentials, API keys, and tokens.
• Activity performed using the Client’s credentials is deemed authorized by the Client.
• OFiber is not liable for losses caused by Client negligence, misconfiguration, or internal misuse.

4. Licensing and Subscription

• Access is provided under a subscription-based, limited-use license.
• Limits may include customer/subscriber count, staff/system users, enabled modules, and usage thresholds.
• Exceeding limits may result in restrictions, fees, required upgrades, or suspension until compliance.
• Licenses are non-exclusive, non-transferable, and valid only for the subscribing Client.

5. Billing System Responsibility

• The Billing System is an automation and record-keeping tool.
• The Client is responsible for pricing, billing rules/cycles, taxes/fees, disputes, credits, and refunds.
• OFiber does not guarantee billing accuracy where results depend on Client configurations, imports, manual overrides, or integrations.

6. Payments and Third-Party Integrations

• The Platform may integrate with third-party payment providers.
• OFiber does not hold Client/customer funds and is not a payment processor or merchant of record.
• Payment disputes are between the Client and its provider, or the Client and its customers.

7. Data Ownership and Data Protection

• The Client retains ownership of all customer, billing, and operational data.
• OFiber acts as a data processor providing software and infrastructure.
• The Client is responsible for lawful collection, consent, accuracy, retention policies, and compliance with privacy laws.

8. System Availability

• The Platform is provided “as is” and “as available”.
• OFiber does not guarantee uninterrupted availability or error-free operation.
• Maintenance and emergency fixes may cause temporary interruptions.

9. Prohibited Use

• No illegal activities, circumvention of limits, resale/sublicense without authorization, reverse engineering, or exploitation.
• No use to facilitate fraud, abuse, or misrepresentation.

10. Suspension and Termination

• OFiber may suspend/terminate for non-payment, breach, abuse, or security risks.
• Termination does not relieve outstanding financial obligations.

11. Limitation of Liability

• OFiber is not liable for Client billing errors, penalties, revenue loss, customer disputes, or ISP outages.
• Liability is limited to fees paid in the three (3) months preceding the claim.

12. Indemnification

The Client agrees to indemnify and hold harmless OFiber Communications Inc. from claims arising from ISP operations, billing disputes, regulatory violations, and data privacy breaches.

13. Intellectual Property Rights

• myFiber Omni EMS and all related technology are the exclusive property of OFiber.
• The Client receives a limited, revocable license to use the Platform during an active subscription.
• The Client shall not copy, modify, reverse engineer, or commercially exploit the Platform.

14. Branding and Attribution

• OFiber may require “Powered by myFiber Omni EMS” attribution on selected screens/documents.
• Branding does not imply partnership or endorsement.

15. White-label (If Applicable)

• White-label is not included unless explicitly approved in writing.
• Ownership always remains with OFiber.

16. Audit and License Enforcement

• OFiber may monitor usage for license compliance.
• Excess usage may result in upgrades, fees, restrictions, or suspension.
• No circumvention of usage limits or enforcement mechanisms.

17. Support and Service Level Agreement (SLA)

17.1 Support Scope

• Support includes platform availability issues, system defects attributable to myFiber Omni EMS, and assistance on documented features.
• Support excludes ISP operations, network troubleshooting, customer dispute handling, billing policy decisions, and third-party system support.

17.2 Support Channels

• Support is provided via official support email, authorized messaging channels, or ticketing systems if available.

17.3 Response Time Targets (Business Days)

• Critical system outage: 4–8 hours
• Major feature impairment: 1 business day
• Minor issues or inquiries: 2–3 business days

Note: Response time is not resolution time.

17.4 Exclusions

• SLA does not apply to third-party outages, Client misconfiguration, force majeure, scheduled maintenance, or beta/experimental features.
• No uptime percentage is guaranteed unless covered by a separate written SLA agreement.

18. Modifications

OFiber may modify these Terms at any time. Continued use constitutes acceptance.

19. Governing Law

These Terms are governed by the laws of the Republic of the Philippines.

20. Entire Agreement

These Terms constitute the entire agreement between the parties.