1. Acceptance of Terms

Welcome to Omni, a d/b/a of OTFS Inc, registered as a Commodity Trading Advisor with the National Futures Association (NFA ID 0566836). By creating an account, accessing our website or mobile app, or using our services (collectively, the “Platform”), you agree to these Terms of Service (“Terms”), along with our Privacy Policy and Risk Disclosure. If you do not agree, do not use Omni.

We may update these Terms at any time by posting revisions on the Platform. Continued use after changes take effect constitutes acceptance.

2. Description of Service

Omni provides technology that facilitates the delivery of trading signals and recommendations from independent traders or algorithmic strategies (collectively, “Signal Providers”). Omni allows you to connect your account at a U.S. Retail Foreign Exchange Dealer (“RFED”) to automatically follow signals you select.

Key aspects of the service:

• Omni does not manage customer accounts or hold funds. All trading activity occurs in your RFED account, subject to the RFED’s terms and conditions.

• Access to strategies is invite-only. You cannot browse or “shop” among public strategies.

• Omni requires that all Signal Providers present a real-money track record; we do not permit purely hypothetical or backtested results unless clearly labeled.

• Any execution, margin, reporting, or custody issues are the sole responsibility of the RFED.

3. User Eligibility and Account Responsibilities

• You must be 18 years or older and legally able to contract.

• You must have an active account with a participating RFED.

• You are responsible for maintaining the security of your login credentials and all activity under your account.

• You may not share, resell, or redistribute access to signals.

4. Nature of Information (No Advice)

Omni is a technology conduit. We do not provide individualized investment advice.

• Signal Providers, not Omni, generate signals.

• Decisions to follow, modify, or unfollow signals are yours alone.

• Omni’s role is limited to transmitting information between the Signal Provider and your RFED account.

5. Subscriptions, Fees, and Payments (Customers)

• Plans: Customer will only be charged for each strategy selected from a Signal Provider. Signal Provider fees vary and are disclosed when a Signal Provider strategy is selected.  The fee is incurred on a monthly basis and is not prorated.  

• Refunds: If Customer is not satisfied with the Signal Provider or a particular strategy of the Signal Provider, Omni offers a seven (7) day refund policy of the Signal Provider fee. The seven (7) day window begins upon the time and date that the first signal transacts in the Customer account. 

Be advised that the refund is limited to the monthly subscription fee. It does not pertain to any losses that may have occurred from the trades executed by the Signal Provider.

• We may change fees upon [30] days’ notice.
  
  
  

6. Signal Provider Payment Terms

1. No Publishing Fees
   Omni does not charge a fee to list or publish a strategy on the Platform.

2. Revenue Share Model

• Subscribers pay Omni directly for access to strategies.

• Omni retains a percentage of each subscription fee as our compensation (the “Omni Fee”).

• The remainder (the “Provider Share”) will be remitted to the Signal Provider, subject to the provisions below.

3. Remittance Schedule

• Provider Share amounts are calculated on a calendar monthly cycle.

• To account for refunds, chargebacks, and disputes, Omni will remit only amounts that are at least 15 days old.

• Remittances will be made monthly, net of applicable Omni Fees and adjustments.
  
  
  

4. Refunds and Chargebacks
   
   
   

• If a customer receives a refund, or if Omni incurs a processing fee (including chargeback fees), those amounts will be deducted from future Provider Share payments.
  
  
  

• If refunds or fees exceed future payments, the provider authorizes Omni to offset such amounts against other Provider Share payments or, if necessary, to bill the provider’s designated payment account.
  
  
  

5. Credit Risk Withholding
   
   
   

• If Omni determines that a Signal Provider carries a heightened risk of customer refunds (e.g., sudden cessation of signals or failure to provide services), Omni may withhold part or all of the Provider Share for up to 180 days to allow potential disputes to resolve.
  
  
  

6. Payment Method
   
   
   

• Remittances are made electronically through ACH, Zelle, or another standard method agreed upon by both parties.

• Providers are responsible for any fees charged by the payment processor or receiving institution.

• Funds not claimed within one year of the original transaction date will be forfeited.
  
  
  

7. Taxes
   
   
   

• Providers are responsible for all taxes on amounts received from Omni, including reporting income to local tax authorities.

• Omni may withhold taxes where required by law.

7. Performance Data and Disclosures

• Signal Providers must provide a track record of real-money trading. Performance is reported net of applicable fees and subject to verification standards.

• Verification Standards are determined by Omni at its sole discretion.

• Hypothetical or simulated results (if ever presented) will be clearly labeled and accompanied by the required NFA/CFTC disclaimer.

• Past performance is not necessarily indicative of future results.

8. Third-Party Services

Omni may integrate with third-party providers (e.g., RFEDs, data services, signal providers). Omni does not guarantee and is not responsible for:

• The accuracy or timeliness of third-party data.

• The reliability or suitability of RFEDs, brokers, or signal providers.

• Any losses arising from third-party systems or failures.

9. Acceptable Use

You agree not to:

• Use the Platform in violation of law or regulation (including CFTC, NFA, or RFED rules).

• Copy, distribute, or reverse engineer Omni software or signals.

• Attempt to interfere with Platform security or performance.

• Engage in abusive or manipulative trading practices through Omni.

• Breach any of the terms and conditions detailed in the EULA.

10. Intellectual Property

Omni and its software, branding, and content are protected by copyright, trademark, and other laws. You are granted a limited, non-transferable, revocable license to access and use the Platform for its intended purpose.

11. Risk Acknowledgment

Trading in foreign exchange and derivatives involves substantial risk of loss and is not suitable for all investors. You acknowledge that:

• Omni does not control trading outcomes in your RFED account.

• You bear sole responsibility for all profits and losses.

• You have read and agreed to our Risk Disclosure.

12. Disclaimer of Warranties

The Platform is provided “as is” and “as available.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted or error-free service.

13. Limitation of Liability

To the maximum extent permitted by law, Omni and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including trading losses. Our aggregate liability shall not exceed the total subscription fee(s) paid by you in the past thirty (30) days preceding the claim.

14. Indemnification

You agree to indemnify and hold harmless Omni, its affiliates, officers, employees, and agents from any claims, losses, or damages arising out of your use of the Platform, your reliance on signals, or your violation of these Terms.

15. Termination

We may suspend or terminate your access if you breach these Terms, violate law, or pose a risk to Omni or other users. Termination does not relieve you of obligations accrued prior to termination.

16. Governing Law and Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Using the Omni software, website or mobile application constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and we will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.

A. Class Action Waiver and Agreement to Arbitrate.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND OMNI WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT OMNI AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

B. Arbitration Process and Procedure.

The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. ("JAMS") pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective upon the date of the Arbitration Demand or Claim (the "JAMS Rules") and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator's decision will follow the terms of these terms and conditions and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these terms and conditions, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

C. Governing Law.

These terms and conditions will be governed by and construed under the laws of the United States (including federal arbitration law) and the State of Nevada without regard to conflicts of law principles.

17. Notices

Omni may provide notices by email, app notification, or posting on the Platform.

18. Miscellaneous

• If any part of these Terms is found invalid, the remainder remains enforceable.

• Failure to enforce any right does not constitute a waiver.

• These Terms constitute the entire agreement between you and Omni regarding use of the Platform.

Trading foreign exchange (“forex”) and derivatives involves substantial risk of loss and is not suitable for all investors. Past performance is not necessarily indicative of future results.