Terms of Service

Last Modified: January 21, 2025

These Terms of Service ("Terms") govern your access to and use of the OperatorOS website, applications, and services (collectively, the "Services") provided by OperatorOS ("we", "us", or "our"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Services.

1. Definitions

"Account" means the account you create to access and use the Services.
"Customer Data" means all data, content, and information submitted by you or your users to the Services.
"Services" means the OperatorOS platform, including all features, applications, and tools provided.
"User" means any individual who accesses or uses the Services through your Account.

2. Access and Use

a. License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.

b. Restrictions

You agree not to:

Use the Services for any unlawful purpose or in violation of any applicable laws
Reverse engineer, decompile, or disassemble any part of the Services
Attempt to gain unauthorized access to any part of the Services
Interfere with or disrupt the integrity or performance of the Services
Use the Services to transmit malware, viruses, or harmful code
Resell, sublicense, or provide access to the Services to third parties without authorization

c. Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your Account. You must notify us immediately of any unauthorized use of your Account.

3. Customer Responsibilities

You are responsible for:

Ensuring that your use of the Services complies with all applicable laws and regulations
The accuracy, quality, and legality of Customer Data
Obtaining any necessary consents for the collection and processing of personal data
All activities conducted through your Account by your Users

4. Fees and Payment

a. Pricing

Fees for the Services are set forth on our pricing page or in an order form. All fees are quoted in U.S. dollars unless otherwise specified.

b. Payment Terms

You agree to pay all fees in accordance with the payment terms. Fees are non-refundable except as expressly set forth in these Terms or required by law.

c. Taxes

You are responsible for all applicable taxes, and we will charge tax where required by law. If you are exempt from tax, you must provide us with valid exemption documentation.

5. Confidentiality

Each party agrees to protect the confidential information of the other party using the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care. Confidential information may only be used for the purposes of fulfilling obligations under these Terms.

6. Customer Data and Privacy

a. Ownership

You retain all rights to Customer Data. We do not claim ownership of any Customer Data you submit to the Services.

b. License to Customer Data

You grant us a limited license to use, copy, store, and process Customer Data solely to provide and improve the Services.

c. Privacy

Our collection and use of personal information is governed by our Privacy Policy.

7. Intellectual Property

The Services, including all software, technology, designs, trademarks, and content provided by us, are owned by OperatorOS and protected by intellectual property laws. These Terms do not grant you any rights to our intellectual property except for the limited license to use the Services as set forth herein.

8. Warranties and Disclaimers

a. Our Warranty

We warrant that the Services will perform materially in accordance with our documentation during your subscription term.

b. Disclaimer

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OPERATOROS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless OperatorOS and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising out of your use of the Services, your violation of these Terms, or your violation of any rights of a third party.

11. Term and Termination

a. Term

These Terms commence when you first access or use the Services and continue until terminated.

b. Termination for Convenience

You may terminate your Account at any time through your account settings or by contacting us.

c. Termination for Cause

We may suspend or terminate your access to the Services if you breach these Terms, fail to pay fees when due, or if required by law.

d. Effect of Termination

Upon termination, your right to use the Services will cease immediately. You may request export of your Customer Data within 30 days of termination.

12. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. Any disputes arising out of or relating to these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction.

13. Changes to Terms

We may modify these Terms at any time. If we make material changes, we will notify you by updating the "Last Modified" date and, in some cases, provide additional notice. Your continued use of the Services after any changes constitutes acceptance of the modified Terms.

14. General Provisions

Entire Agreement: These Terms constitute the entire agreement between you and OperatorOS regarding the Services.
Severability: If any provision of these Terms is held invalid, the remaining provisions shall continue in full force.
Waiver: Our failure to enforce any right or provision shall not constitute a waiver.
Assignment: You may not assign these Terms without our prior written consent.

15. Contact Us

If you have any questions about these Terms of Service, please contact us at:

OperatorOS Agency LLC
Email: legal@operatoros.ai