Terms of Service

Last updated: January 8, 2025

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of OPSONIQ's cognitive process automation platform and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Definitions

  • "Service" refers to the OPSONIQ platform, website, and all related services.
  • "User," "you," or "your" refers to the individual or entity accessing the Service.
  • "We," "us," or "our" refers to OPSONIQ and its affiliates.
  • "Content" refers to text, graphics, images, software, data, and other materials.
  • "Workflow" refers to automated processes created using our platform.

3. Account Registration and Security

3.1 Account Creation

To use certain features of the Service, you must register for an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information to keep it accurate
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized access
  • Be responsible for all activities under your account

3.2 Age Requirement

You must be at least 18 years old to use the Service. By using the Service, you represent that you meet this age requirement.

4. Acceptable Use Policy

You agree NOT to use the Service to:

  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights of others
  • Transmit harmful code (viruses, malware, etc.)
  • Engage in fraudulent, deceptive, or misleading activities
  • Harass, abuse, or harm others
  • Spam, phish, or engage in unsolicited marketing
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt the Service
  • Use the Service for any unlawful purpose
  • Reverse engineer or attempt to extract source code
  • Resell or redistribute the Service without permission

5. Service Plans and Pricing

5.1 Plans

We offer various service plans with different features and usage limits. You can choose the plan that best fits your needs.

5.2 Pricing and Payment

All fees are in U.S. dollars unless otherwise stated. You agree to pay all applicable fees and taxes. Payments are processed through our third-party payment processor (Stripe).

5.3 Subscription Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. We will charge your payment method on file.

5.4 Cancellation and Refunds

You may cancel your subscription at any time. Annual plans are eligible for a pro-rated refund within 30 days of purchase. Monthly plans can be cancelled without penalty but are non-refundable.

6. Intellectual Property Rights

6.1 Our Property

The Service and its original content, features, and functionality are owned by OPSONIQ and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Your Content

You retain ownership of any workflows, data, or content you create using the Service ("Your Content"). By using the Service, you grant us a limited license to use, store, and process Your Content solely to provide the Service to you.

6.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use them without any obligation to you.

7. Data Processing and Privacy

Your use of the Service is also governed by our Privacy Policy. We process your data in accordance with applicable data protection laws, including GDPR and CCPA. Please review our Privacy Policy for more information.

8. Service Availability and Modifications

8.1 Availability

We strive to maintain 99.9% uptime but do not guarantee uninterrupted access to the Service. We may perform scheduled maintenance with advance notice when possible.

8.2 Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation.

9. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will cease immediately. You may also terminate your account at any time through your account settings.

Upon termination, you will have 30 days to export your data. After this period, we may delete your data in accordance with our data retention policies.

10. Disclaimers and Limitations of Liability

10.1 AS-IS Basis

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPSONIQ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR $100, WHICHEVER IS GREATER.

11. Indemnification

You agree to indemnify and hold harmless OPSONIQ and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising out of your use of the Service, your violation of these Terms, or your violation of any rights of another.

12. Dispute Resolution and Governing Law

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

12.2 Arbitration

Any dispute arising from these Terms shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except that either party may seek injunctive relief in court.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of the Service after such changes constitutes acceptance of the new Terms.

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and OPSONIQ regarding the Service.

14.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

14.3 Waiver

No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

14.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

15. Contact Information

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

Email: legal@opsoniq.com

Address: 123 Innovation Drive, San Francisco, CA 94102, United States

Phone: +1 (555) 123-4567