These Terms of Service (the “Terms”) form a binding agreement between you and Omen Division, Inc., a Delaware corporation (“Omen,” “we,” “us,” or “our”), and govern your access to and use of our products, websites, command-line tools, APIs, and related services, including usefirmware.com (collectively, the “Service”).
By creating an account, downloading or installing our software, or otherwise accessing or using the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company, government agency, or other legal entity, you represent that you have authority to bind that entity, in which case “you” and “your” refer to both you and that entity. If you do not agree to these Terms, you may not access or use the Service.
The Service is operated from the United States and is intended for use by professional users. Sections 13 (Disclaimers), 14 (Limitation of Liability), 15 (Indemnification), and 17 (Governing Law and Disputes) contain important limitations on our liability and the way disputes are resolved. Please read them carefully.
1. Description of the Service
Omen builds AI-powered tools for firmware and embedded-systems engineers. Through our web application, our command-line interface, and our APIs, the Service enables you to:
- →upload and process technical documentation, including schematics, datasheets, and source files;
- →run an AI agent locally on your device that assists with firmware development tasks, including bringup, peripheral configuration, debugging, and test planning;
- →route model inference to commercial frontier providers or to open-weight model hosts, with the option to point at your own self-hosted endpoint; and
- →receive context-aware assistance grounded in materials you make available in your project.
We may add, modify, suspend, or discontinue any feature or component of the Service at any time, in our sole discretion. We will use commercially reasonable efforts to give advance notice of changes that materially reduce functionality of a paid plan you are actively using. We are not liable to you or any third party for any change to, or discontinuation of, the Service.
2. Account and registration
To use most features of the Service you must register for an account. By registering, you represent and warrant that:
- →the information you provide is accurate, current, and complete, and you will keep it current;
- →you are at least eighteen (18) years old, or the age of legal majority in your jurisdiction, and have the legal capacity to enter into these Terms;
- →you are not creating the account using a false identity or impersonating another person or entity; and
- →you have not been previously suspended or terminated from the Service by us.
Account security. You are responsible for safeguarding your account credentials, including passwords, OAuth tokens, and API keys. You agree to keep them confidential, to take reasonable steps to prevent unauthorized access, and to notify us promptly at contact@usefirmware.com if you suspect any unauthorized use of your account or other security incident affecting it. You are responsible for all activity that occurs under your account, including activity by users you authorize. You may not share your credentials with any third party. We are not liable for any loss or damage arising from your failure to maintain the security of your account.
One user per account. Unless we expressly agree otherwise in writing (for example, in a team or enterprise plan), each account is for use by a single individual. You may not allow other individuals to access the Service through your account.
3. License to use the Service
Subject to your continued compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business or personal use during the term of your subscription. We reserve all rights in and to the Service that are not expressly granted to you in these Terms. No rights are granted by implication, estoppel, or otherwise.
4. Your content and data
You own your content. You retain all rights, title, and interest in any code, schematics, datasheets, prompts, configuration, or other materials you upload to or transmit through the Service (“Your Content”). These Terms do not transfer ownership of Your Content to us.
Your representations regarding Your Content. You represent and warrant that (a) you own Your Content or have all necessary rights, licenses, consents, and permissions to upload it to and use it through the Service; (b) Your Content does not and will not infringe or misappropriate any third-party intellectual property, trade secret, privacy, or other right; and (c) Your Content does not contain any virus, worm, malware, or other code intended to disrupt, damage, or limit the functioning of any computer system.
Limited license to operate the Service. You grant us a limited, worldwide, non-exclusive, royalty-free license to host, store, transmit, display, parse, and otherwise process Your Content solely as needed to provide, maintain, secure, and improve the Service to you and to comply with applicable law.
No training. We do not train artificial intelligence or machine-learning models on Your Content. When the Service routes a request to a third-party model provider, it does so under terms that contractually prohibit that provider from training on Your Content. See our Security page for a description of how data flows through the Service.
Storage. Files you upload for processing are deleted from our infrastructure after parsing. Persistent project context lives locally on your device, in the .omen directory inside your project. We do not retain a copy of that context on our infrastructure.
5. AI output
Output ownership. As between you and us, and subject to your compliance with these Terms and payment of any applicable fees, you own the output that the Service generates from your inputs (“Output”). You acknowledge that, due to the nature of generative AI, other users may receive the same or substantially similar Output for similar inputs, and we make no claim that any particular Output is unique to you.
Validation duty. The Service uses AI models that can produce incorrect, incomplete, biased, or otherwise misleading Output (including so-called “hallucinations”). You are solely responsible for reviewing, validating, and testing Output before relying on it. You must not use Output as the sole basis for design, configuration, or deployment decisions in production hardware or in safety-critical, life-critical, mission-critical, medical, automotive, aerospace, nuclear, or other sensitive contexts without independent professional review.
No professional advice. Output is provided for informational and engineering-assistance purposes only and does not constitute professional engineering, legal, regulatory, medical, or other expert advice.
6. Acceptable use
You agree not to, and not to attempt to, do any of the following while using the Service:
- →use the Service for any illegal, fraudulent, deceptive, or harmful purpose, or in violation of any applicable law or regulation;
- →reverse engineer, decompile, disassemble, or attempt to extract the source code, training data, model weights, or underlying architecture of the Service, except where such restriction is expressly prohibited by applicable law;
- →resell, sublicense, repackage, lease, or otherwise distribute the Service to a third party as a standalone offering, or use the Service to build, train, or benchmark a competing product, in each case without our prior written consent;
- →upload, transmit, or distribute any virus, worm, trojan, ransomware, or other malicious code, or any content that is unlawful, defamatory, harassing, or that infringes a third party’s intellectual property, privacy, or other rights;
- →use any robot, scraper, crawler, or other automated means to access the Service, or otherwise harvest data from the Service, except as expressly authorized through our public APIs;
- →interfere with or disrupt the integrity, security, or performance of the Service, or attempt to gain unauthorized access to the Service, our systems, or any other user’s account;
- →circumvent, disable, or attempt to bypass any rate limit, quota, billing, or other access control;
- →impersonate any person or entity, or misrepresent your affiliation with any person or entity;
- →use the Service to generate or modify firmware for systems you are not authorized to modify; or
- →use the Service in violation of any applicable export-control, sanctions, or trade laws, including the U.S. Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). If you operate in a regulated context, you are responsible for using a compliant deployment, including, where applicable, a self-hosted inference endpoint.
Violation of this Section 6 may result in immediate suspension or termination of your account, with or without notice, and may result in civil or criminal liability.
7. Third-party model providers
The Service routes inference requests to third-party model providers, which may currently include Anthropic, OpenAI, and inference hosts running open-weight models. Traffic routed through those providers is subject to our commercial or zero-retention agreements with them. The provider’s own terms apply to that traffic only to the extent they do not conflict with the agreements covering your use of the Service.
If you elect to point the Service at a self-hosted inference endpoint, you are solely responsible for that endpoint, including its security, availability, performance, and compliance with applicable law. We make no representation or warranty regarding the operation of any self-hosted endpoint.
8. Payments and billing
Subscriptions. Paid plans are billed in advance on a recurring basis (e.g., monthly or annually) at the rate disclosed at the time of purchase. By subscribing, you authorize us, and our payment processor, to charge your payment method at the start of each billing period until you cancel.
Usage-based fees. Some features of the Service may be metered (for example, by tokens, requests, or projects). You are responsible for all metered fees incurred under your account. We may rely on usage records produced by the Service to determine such fees.
Cancellation. You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the then-current billing period, and you retain access to paid features through the end of that period. You will not receive a refund for the portion of the period after cancellation.
Refunds. Fees are non-refundable except where required by law or where we expressly agree in writing.
Taxes. Stated prices do not include taxes. You are responsible for all sales, use, value-added, goods-and-services, withholding, or similar taxes, other than taxes on our net income. If we are required to collect such taxes, they will be added to your invoice.
Pricing changes. We may change pricing for future billing periods on at least thirty (30) days’ notice. If you do not accept a price change, your remedy is to cancel before it takes effect.
Failed payments. If your payment method is declined or otherwise fails, we may retry the charge, suspend your access to paid features, or terminate your subscription. You remain liable for all unpaid amounts.
9. Trials, free tiers, and beta features
We may offer trials, free tiers, or features marked as “beta,” “early access,” or “experimental” (collectively, “Beta Features”). Beta Features are provided “as is” and may be modified, limited, or discontinued at any time without notice. We make no warranty regarding Beta Features and accept no liability arising from your use of them. You should not rely on Beta Features for production use.
10. Our intellectual property and Feedback
The Service, including its software, models we develop, prompts, designs, trademarks, logos, content, and documentation (excluding Your Content and Output owned by you), is owned by Omen or its licensors and is protected by intellectual property laws in the United States and other jurisdictions. We reserve all rights in and to the Service that are not expressly granted to you in these Terms.
If you submit suggestions, ideas, bug reports, or other feedback regarding the Service (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, modify, and exploit that Feedback for any purpose, without obligation or compensation to you.
11. Copyright complaints
We respect the intellectual property rights of others. If you believe that material accessible through the Service infringes your copyright, please send a written notice to contact@usefirmware.com that includes the elements required by 17 U.S.C. § 512(c)(3), including: (a) a physical or electronic signature of the person authorized to act on behalf of the rights owner; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate it; (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorized by the rights owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the rights owner. We may, in appropriate circumstances and at our discretion, terminate the accounts of users we determine to be repeat infringers.
12. Suspension and termination
By you. You may stop using the Service and terminate your account at any time, subject to the cancellation provisions in Section 8.
By us. We may suspend or terminate your access to the Service, in whole or in part, if (a) you breach these Terms, (b) your account is materially overdue, (c) we are required to do so by law or by a third-party provider, (d) we determine that your use poses a security or legal risk to us or other users, or (e) we cease providing the Service to similarly situated customers. Where reasonably practical, we will give you advance notice and an opportunity to cure.
Effect of termination. On termination of these Terms or your account: (i) your right to access and use the Service ends; (ii) any fees accrued before termination remain due and payable; (iii) we may delete data associated with your account, including any of Your Content remaining on our infrastructure, within thirty (30) days after termination, except to the extent we are required by law to retain it or it is contained in routine system backups, which are deleted in the ordinary course; and (iv) any provision of these Terms that by its nature should survive termination — including Sections 4 through 6, 8 (with respect to unpaid amounts), and 10 through 20 — will survive.
13. Disclaimers
THE SERVICE, INCLUDING ALL OUTPUT, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OMEN, ITS AFFILIATES, AND ITS LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT OUTPUT WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR YOUR USE CASE.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE, INCLUDING ANY DECISION TO RELY ON OUTPUT, IS AT YOUR SOLE RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; IN THOSE JURISDICTIONS, THE FOREGOING EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
14. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OMEN OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITY, OR GOODWILL, ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US$100), OR (B) THE FEES YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
15. Indemnification
You agree to defend, indemnify, and hold harmless Omen and its affiliates, and their respective officers, directors, employees, and agents (each, an “Indemnified Party”), from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use of the Service in violation of these Terms or applicable law, (b) Your Content, including any claim that Your Content infringes a third party’s intellectual property, privacy, or other rights, or (c) your use or deployment of any Output. We will (i) promptly notify you of any such claim, (ii) provide you with reasonable cooperation in the defense, and (iii) allow you to control the defense and settlement, except that you may not enter into any settlement that imposes liability on, or admits fault by, an Indemnified Party without that party’s prior written consent.
16. Force majeure
Neither party will be liable for any delay or failure to perform any obligation under these Terms (other than payment obligations) due to causes beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, governmental action, network or telecommunications failures, denial-of-service attacks, or pandemic.
17. Governing law and disputes
Governing law. These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Informal resolution. Before filing any claim, you agree to attempt to resolve the dispute informally by contacting us at contact@usefirmware.com. We will attempt to resolve the dispute informally within thirty (30) days of receipt of your notice.
Jurisdiction. If the dispute is not resolved informally, any action arising out of or related to these Terms or the Service will be brought exclusively in the state or federal courts located in Delaware. Each party consents to the personal jurisdiction of, and venue in, those courts and waives any objection based on inconvenient forum.
Jury trial waiver. To the maximum extent permitted by applicable law, each party waives any right to a trial by jury in any action arising out of or related to these Terms or the Service.
Time limitation. Any claim arising out of or related to these Terms or the Service must be brought within one (1) year after the cause of action arose; otherwise, the claim is permanently barred, except to the extent applicable law prohibits a contractual shortening of the limitations period.
18. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will notify you (for example, by email to the address associated with your account or by an in-app notice) at least thirty (30) days before the changes take effect, or sooner if a change is required by law or addresses a security or legal risk. We will also update the effective date above. Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the updated Terms. If you do not agree, you must stop using the Service.
19. Notices
Notices to you. We may give you notices through the Service, by email to the address associated with your account, or by other reasonable means. You are responsible for keeping your contact information current.
Notices to us. Legal notices to us must be sent to contact@usefirmware.com, with a copy by mail to Omen Division, Inc., Delaware, United States.
20. Miscellaneous
Entire agreement. These Terms, together with any other written agreement signed by you and us, constitute the entire agreement between you and Omen regarding the Service and supersede any prior or contemporaneous agreements on that subject.
Severability. If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.
No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
Assignment. You may not assign or transfer these Terms or any of your rights or obligations under them without our prior written consent, and any attempted assignment in violation of this Section is void. We may assign these Terms in whole or in part, including in connection with a merger, acquisition, reorganization, financing, or sale of assets.
No third-party beneficiaries. These Terms do not create any third-party beneficiary rights.
Independent contractors. The parties are independent contractors. These Terms do not create any agency, partnership, or joint venture between the parties.
U.S. government users. The Service constitutes “commercial computer software” and “commercial computer software documentation,” and any use, modification, reproduction, release, performance, display, or disclosure by the U.S. government is governed solely by these Terms.
Headings. Section headings are for convenience only and do not affect interpretation.
Language. The parties have agreed that these Terms be drafted in English.
21. Contact
Omen Division, Inc.
Delaware, United States
Legal notices and questions: contact@usefirmware.com