These Terms of Service (“Terms”) are a binding agreement between you and People Make Things (“we,” “us,” or “our”) governing your use of omina at https://omina.chat and related services (the “Service”). Please read them carefully — they include a recording consent, a mandatory arbitration provision, and a class-action waiver. By using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. The Service
omina is an anonymous service that pairs you in a one-to-one live video and audio chat with another participant you have not met. Sessions are recorded. The Service is provided for casual, friendly, lawful conversation only.
2. Eligibility
You must be at least 18 years old to use the Service. By using it, you represent and warrant that you are 18 or older, that you have the legal capacity to enter into these Terms, and that you have not been previously suspended or removed from the Service.
3. Recording Consent
You acknowledge and agree that the Service records the video and audio of your sessions, and that we store and use those recordings as described in our Privacy Policy — including to keep the Service safe (moderation), to enforce these Terms, and to build, train, and improve our artificial intelligence and machine-learning models and other technology. You consent to being recorded and to these uses. You also acknowledge that the person you are paired with may be recorded. Do not use the Service if you do not consent to being recorded.
4. Your Content & License
You retain whatever rights you have in the video, audio, and other content you transmit through the Service (“Content”). You grant us a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable, irrevocable license to host, store, record, reproduce, modify, create derivative works from, analyze, and otherwise use your Content for the purposes described in these Terms and the Privacy Policy — including operating the Service, safety and moderation, and developing and improving AI and machine-learning models. As between you and us, we own all models, analyses, and other outputs we create. You represent that you have all rights necessary to grant this license and that your Content does not violate any law or third-party right.
5. Acceptable Use
You agree that you will not, and will not attempt to:
- use the Service if you are under 18, or expose any minor to the Service;
- display, transmit, or solicit nudity, sexual content, sexual conduct, or any sexually explicit material;
- harass, threaten, defame, stalk, bully, or harm others, or engage in hate speech or discrimination;
- display or transmit content that is illegal, violent, graphic, or that depicts or promotes the abuse or exploitation of any person;
- engage in any unlawful activity, or violate the rights (including intellectual property and privacy rights) of others;
- record, screenshot, copy, or redistribute another participant outside the Service, or re-identify or contact them without consent;
- impersonate any person, or submit pre-recorded, deepfaked, AI-generated, or third-party audio or video as if it were a live feed;
- use bots, scrapers, or automated means; interfere with or disrupt the Service; or circumvent its security or moderation; or
- use the Service to advertise, spam, or solicit money or goods.
We may moderate, review recordings, remove content, and suspend or ban users at our discretion to enforce these rules. You can report misconduct using the in-call report control.
6. No Account; Assumption of Risk
The Service connects you with strangers. We do not screen or perform background checks on participants, and we are not responsible for the conduct of any user, online or offline. You interact with other participants at your own risk. Be careful about the information you reveal and what appears on your camera.
7. Disclaimers; No Warranties
THE SERVICE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY PARTICIPANT WILL BEHAVE APPROPRIATELY.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, PEOPLE MAKE THINGS AND ITS OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN OF THESE LIMITATIONS, SO SOME MAY NOT APPLY TO YOU.
9. Indemnification
You agree to defend, indemnify, and hold harmless People Make Things and its officers, employees, and suppliers from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your Content, or your violation of these Terms or any law or third-party right.
10. Termination
We may suspend or terminate your access to the Service at any time, for any reason or no reason, with or without notice. Sections that by their nature should survive termination (including Content license, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.
11. Dispute Resolution; Arbitration & Class-Action Waiver
Please read this section carefully — it affects your legal rights. You and People Make Things agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration, rather than in court, except that either party may bring a claim in small-claims court if it qualifies. YOU AND PEOPLE MAKE THINGS EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION or class-wide arbitration. Arbitration will be conducted on an individual basis. If this class-action waiver is found unenforceable, the remainder of this section will not apply to that dispute and it will proceed in court.
12. Governing Law
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. Subject to the arbitration provision above, the courts located in that jurisdiction will have exclusive jurisdiction over any disputes not subject to arbitration.
13. Changes to These Terms
We may modify these Terms from time to time. When we make material changes, we will update the “Last updated” date and, where appropriate, re-prompt you to accept the updated Terms. Your continued use of the Service after changes take effect means you accept the revised Terms.
14. Contact
Questions about these Terms? Email privacy@omina.chat. See also our Privacy Policy.