Terms of Service

1. ACCEPTANCE OF TERMS

By accessing or using the website, applications, and services provided by OpsBox AI, Inc., a Delaware corporation ("Company," "we," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.

If your organization has signed an OpsBox Master Subscription Agreement and Order Form, that agreement governs your subscription and controls over these Terms wherever they conflict. These Terms otherwise apply to all use of the Services, including trials and sandboxes.

2. DESCRIPTION OF SERVICE

The Services are provided "AS IS" and "AS AVAILABLE". You acknowledge that, as with any software platform, the Services may contain bugs or errors and OpsBox AI, Inc. makes no guarantees regarding uninterrupted availability or freedom from defects.

3. USER ACCOUNTS

Registration:

You must provide accurate and complete information when creating an account.

Security:

You are responsible for maintaining the confidentiality of your login credentials. You are fully responsible for all activities that occur under your account.

Termination:

We reserve the right to disable any user account at any time if, in our sole discretion, you have violated any provision of these Terms.

3A. SUBSCRIPTIONS, TERM AND PAYMENT

Paid subscriptions are sold for a twelve-month term, billed monthly in advance, and renew for successive twelve-month terms unless either party gives sixty days' written notice of non-renewal before the end of the current term. Plan allowances for orders, locations, users, and storage are stated on the Order Form and on our pricing page; use above an allowance is billed as an overage at the published rates and never blocks the Services.

Fees are payable by ACH debit or bank transfer. If you elect to pay by credit card, a card processing fee, disclosed before you choose that method and not exceeding our cost of acceptance, is added to each card payment. Invoices are due within fifteen days. We may suspend access for undisputed amounts more than thirty days past due after ten days' notice, and will restore access promptly on payment.

Standard implementation is included with every subscription: one system connection using our setup guide, import of items and open orders, warehouse setup through the onboarding wizard, up to ten rules configured with you, and two training sessions. Work beyond that scope is professional services at our published hourly rate, performed only on your written approval.

3B. YOUR DATA

You own the data you and your users submit to the Services, including items, inventory, orders, shipments, receiving records, photos, and documents ("Customer Data"). You grant us a license to host, process, and display Customer Data to provide and support the Services.

We do not sell Customer Data and we do not share it with third parties for their own marketing. Each organization's data is logically isolated; we never display, share, or use one organization's Customer Data to serve another. We may use usage data and de-identified, aggregated operational data to operate, maintain, and improve the Services, including to train and improve the models behind our AI features. We do not use identifiable Customer Data, personal information, your customer or vendor lists, or your pricing for training.

For thirty days after your subscription ends you may export Customer Data through the Services or by request. We then delete it within sixty days, except for copies in routine backups that are overwritten in the ordinary course or that we must retain by law.

3C. TERMINATION

Either party may terminate for a material breach that is not cured within fifteen days of written notice. We may suspend or terminate immediately, with notice, if your use presents a security risk to the Services or to other customers, is unlawful, or violates Section 5. We may also terminate a subscription for convenience on sixty days' written notice, including if we discontinue the Services or your plan, in which case we refund any prepaid fees for the period after termination and no further fees are owed.

4. INTELLECTUAL PROPERTY RIGHTS

The Services, including all software, code, text, displays, images, video, and audio, are owned by OpsBox AI, Inc. and are protected by United States and international copyright, trademark, and other intellectual property laws.

Limited License:

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your internal business operations during your subscription term.

No Resale:

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services without our prior written consent.

Feedback:

Any suggestions, bug reports, or feedback you provide regarding the Services may be used by OpsBox AI, Inc. without any obligation or compensation to you.

5. PROHIBITED USES

You agree not to use the Services:

• In any way that violates any applicable federal, state, local, or international law.
• To exploit, harm, or attempt to exploit or harm minors in any way.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.

Scraping/Automation:

To use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.

6. DISCLAIMER OF WARRANTIES

7. LIMITATION OF LIABILITY

To the fullest extent permitted by law, neither party is liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, arising out of the Services or these Terms, however caused, even if advised of the possibility.

Each party's total cumulative liability arising out of the Services or these Terms will not exceed the fees you paid or owe us in the twelve months before the event giving rise to the claim, or one hundred dollars if you have paid no fees. These limits do not apply to a party's indemnification obligations, breach of confidentiality, your payment obligations, or liability that cannot be limited by law.

8. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless OpsBox AI, Inc. from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

8A. EVENTS BEYOND OUR CONTROL

We are not liable for any failure or delay, and no service credit or other remedy accrues, to the extent caused by events beyond our reasonable control, including acts of God, fire, flood, earthquake, epidemic, war, terrorism, civil unrest, labor disputes, government action, power or internet failures, and attacks on our systems. The Services depend on third-party systems we do not control, including cloud hosting and database providers, carrier and postage APIs, ERP and accounting systems, marketplaces and shopping carts, EDI networks, AI model providers, and your own systems and devices. We are not responsible for their unavailability, errors, changes, or the data they return, and time during which the Services are impaired by them is excluded from any availability commitment.

8B. ASSIGNMENT

You may not assign these Terms or your subscription without our written consent, except to a successor in a merger or sale of substantially all of your assets on notice to us. We may assign these Terms and any subscription, without consent, to an affiliate, to a successor entity, or in connection with a merger, conversion, reorganization, financing, or sale of assets.

9. GOVERNING LAW AND JURISDICTION

All matters relating to the Services and these Terms shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the County of Alameda.

10. BINDING ARBITRATION AND CLASS ACTION WAIVER

Agreement to Arbitrate:

You and OpsBox AI, Inc. agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or our marketing website (including its use of cookies, analytics, chat, and advertising technologies) shall be resolved by binding individual arbitration rather than in court, except that either party may bring an individual claim in small-claims court. The arbitration will be administered by a recognized arbitration provider (such as JAMS or the American Arbitration Association) under its applicable rules, and will take place in Alameda County, California, or another mutually agreed location. The Federal Arbitration Act governs the interpretation and enforcement of this section.

Class Action Waiver:

To the fullest extent permitted by law, you and OpsBox AI, Inc. agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

30-Day Right to Opt Out:

You may opt out of this arbitration agreement by emailing legal@opsbox.co within 30 days of first accepting these Terms, stating your name and intent to opt out of arbitration. Opting out will not affect any other part of these Terms.

Severability:

If the class action waiver is found unenforceable as to a particular claim, that claim will be severed and may proceed in court, while all other claims remain in arbitration. If the entire arbitration agreement is found unenforceable, the remaining Terms still apply.

11. CHANGES TO TERMS

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.

12. CONTACT INFORMATION

This website is operated by OpsBox AI, Inc., Castro Valley, CA. All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: