Terms & Conditions

1. Acceptance of Terms

By accessing or using Opspher's operational intelligence platform (the “Service”), you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, you may not use the Service. These Terms constitute a legally binding agreement between you and Opspher, Inc. (“Opspher,” “we,” “us,” or “our”).

2. Description of Service

Opspher provides an AI-powered operational intelligence platform that enables organizations to monitor, analyze, and optimize their business operations through real-time data integration, workflow analytics, and AI-generated recommendations. The Service includes web-based dashboards, API integrations, automated reports, and related support services.

3. Account Registration

To use the Service, you must create an account. You agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized use of your account
• Be responsible for all activities that occur under your account

You must be at least 18 years old and have the authority to enter into these Terms on behalf of your organization.

4. Subscription and Payment

The Service is offered on a subscription basis. By subscribing, you agree to:

• Pay the applicable subscription fees as described in your selected plan
• Automatic renewal of your subscription at the end of each billing period
• Fees being charged to your payment method on file
• A 14-day free trial period for new accounts (credit card required)

All fees are exclusive of taxes. You are responsible for all applicable taxes. Fees are non-refundable except as expressly stated in our Refund Policy.

5. Acceptable Use

You agree NOT to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Upload or transmit malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to any part of the Service
• Use the Service for competitive intelligence against Opspher
• Resell, sublicense, or transfer access to the Service without authorization
• Engage in any activity that disrupts or interferes with the Service's infrastructure
• Use the Service to process data of individuals under 18 without parental consent

6. Intellectual Property

All intellectual property rights in the Service, including software, algorithms, designs, trademarks, and documentation, are owned by or licensed to Opspher. You are granted a limited, non-exclusive, non-transferable license to access and use the Service solely for your internal business operations during your subscription period. You retain ownership of all data you submit to the Service.

7. Data and Privacy

Our collection and use of personal information is governed by our Privacy Policy. You represent and warrant that you have the right to submit any data to the Service and that such submission does not violate any applicable laws or third-party rights. As a data controller of your business data, you remain responsible for ensuring lawful processing of personal data submitted to Opspher.

8. Service Level Agreement

Opspher targets 99.9% monthly uptime for the Service (excluding scheduled maintenance). In the event of downtime below this threshold, you may be eligible for service credits as outlined in the applicable SLA documentation. Enterprise plan customers receive a contractual SLA guarantee of 99.99% uptime.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPSPHER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, EVEN IF OPSPHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OPSPHER'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.

10. Termination

Either party may terminate these Terms at any time. You may cancel your subscription through your account settings. Opspher may terminate or suspend your access immediately for material breach of these Terms. Upon termination, your right to use the Service ceases immediately. Sections 6, 9, and 11 survive termination.

11. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, conducted in San Francisco, California.

12. Contact