Opserly Terms of Use

These Terms of Use (“Terms”) are a binding agreement between you (the individual accepting, and if applicable the company or other legal entity you represent—“Customer,” “you”) and Opserly, Inc. (“Opserly,” “we,” “us”). They govern access to and use of www.opserly.com and the Opserly cloud platform and related services, including free trials and paid subscriptions (the “Services”).

By checking “I agree,” creating an account, starting a trial, purchasing a subscription, or using the Services, you agree to these Terms and our Privacy Policy. If you are accepting on behalf of an organization, you represent that you have authority to bind that organization.

Opserly provides business software that may include, depending on your plan and configuration: invoicing and accounts receivable; quotes, change orders, and statements of work; accounts payable and vendor management; payment collection and disbursements via integrated processors; timesheets and approvals; job and project tracking; field service scheduling and dispatch; inventory, warehouse, and shipping workflows; customer and partner portals; warranties and product registration; automations and notifications; reporting; and administrative tools for users, roles, and organizations.

Features, modules, and limits vary by plan, organization type, and configuration. We may modify, enhance, or discontinue features with reasonable notice where practicable. Beta or preview features are provided as-is and may change or be withdrawn.

You must provide accurate registration information and keep it updated. You are responsible for all activity under your organization’s accounts and for safeguarding credentials. Notify us promptly of unauthorized access.

Free trials are offered for evaluation only, may be limited in duration and capacity, and may convert to a paid plan or suspend if you do not subscribe. We may refuse, suspend, or terminate trials or accounts for fraud, abuse, or policy violations.

The Services are intended for business / professional use, not personal consumer use by minors.

Paid plans are billed according to the pricing and billing period presented at purchase or in an order form. Fees are non-refundable except as required by law or expressly stated in writing. You authorize us and our payment processors to charge your payment method for recurring fees until you cancel in accordance with your plan terms.

You are responsible for applicable taxes. Overdue amounts may result in suspension. We may change pricing upon renewal with notice as required by your agreement.

“Customer Data” means data you or your users submit to the Services. As between the parties, you own Customer Data. You grant Opserly a worldwide license to host, process, transmit, and display Customer Data solely to provide and secure the Services and as otherwise described in our Privacy Policy and data processing terms.

You represent that you have all rights and consents needed to submit Customer Data (including personal data of your customers, vendors, and employees) and that your use complies with applicable privacy, employment, and industry laws.

Our collection and use of personal information is described in the Privacy Policy at https://www.opserly.com/privacy.

You will not: (a) reverse engineer or attempt to access non-public areas of the Services except as permitted by law; (b) interfere with or disrupt the Services or other customers; (c) use the Services to send spam, malware, or unlawful content; (d) violate export controls or sanctions; (e) resell or provide the Services to third parties as a service bureau except under a written partner agreement; (f) bypass usage limits or security controls; or (g) use the Services in high-risk environments where failure could lead to death, personal injury, or severe environmental damage.

Integrations (for example accounting, payments, banking connections, shipping carriers, email/SMS providers, or maps) are optional and subject to those providers’ terms. Opserly is not responsible for third-party outages, data handling, or fees. Enabling an integration constitutes instruction to exchange relevant data with that provider.

Opserly and its licensors own all right, title, and interest in the Services, software, documentation, trademarks, and related IP. These Terms grant a limited, non-exclusive, non-transferable right to use the Services during your subscription. Feedback you provide may be used by Opserly without obligation.

Each party may receive confidential information of the other. The receiving party will protect it with reasonable care and use it only for purposes of the relationship, except for information that is public, independently developed, or rightfully received from a third party without duty of confidentiality, or disclosure required by law (with notice where legally permitted).

We warrant that we will provide the Services in a professional manner consistent with industry standards. EXCEPT AS EXPRESSLY STATED, THE SERVICES AND WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” OPSERLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Services will be uninterrupted, error-free, or that they will meet all of your business or legal requirements (including tax, payroll, or regulatory outcomes). You remain responsible for verifying outputs and for compliance with laws applicable to your business.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPSERLY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. OPSERLY’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO OPSERLY FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY (OR ONE HUNDRED U.S. DOLLARS IF YOU ARE ON A FREE TRIAL). Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the fullest extent permitted.

You will defend and indemnify Opserly against claims arising from Customer Data, your misuse of the Services, or your violation of these Terms or applicable law.

You may stop using the Services and cancel according to your plan’s cancellation process. We may suspend or terminate for non-payment, material breach, legal risk, or to protect the Services. Upon termination, your right to access the Services ends. We will make Customer Data available for export for a limited period where reasonably practicable, then delete or anonymize it per our retention practices, except where retention is required by law.

These Terms are governed by the laws of the State of Delaware, excluding conflict-of-law rules. Courts in Delaware (or another venue we mutually agree) will have exclusive jurisdiction, except that either party may seek injunctive relief in any competent court for IP or confidentiality breaches.

We may update these Terms by posting a new version with an updated effective date and version identifier. Material changes may also be communicated to account administrators. Continued use after the effective date constitutes acceptance. If you do not agree, you must stop using the Services and cancel your subscription.

Questions about these Terms: legal@opserly.com. Support: support@opserly.com. Website: https://www.opserly.com.