Terms of Service

By accessing the Service you agree to be bound by these Terms and any policies referenced within them, including our Privacy Policy. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

If you do not agree to these Terms, you may not access the Service.

Operant, we, us, our

Operant Technologies and its affiliates.

Customer, you, your

The organization that has agreed to these Terms and any individual authorized to act on its behalf.

User

An individual authorized by Customer to use the Service under Customer’s account.

Service

The Operant Technologies platform and all included products — Stage (dashboards), Relay (TV/screen delivery), Quoting, Agent (sales follow-up automation), the Panel (admin and identity hub), and related APIs, content, and tooling.

Customer Data

Any data, content, or information that Customer or its Users submit to or generate through the Service.

Order

An online sign-up, written quote, or signed agreement describing the products, fees, and term of Customer’s subscription.

To use the Service you must register an account through the Panel. You agree to provide accurate information and to keep it current. You are responsible for safeguarding your credentials and for all activity under your account. Notify us promptly at security@operanttechnologies.com if you suspect unauthorized access.

The Service is intended for business use by entities and individuals who are at least 18 years of age. We may refuse service, terminate accounts, or remove content at our discretion where required to comply with these Terms or applicable law.

Access to the Service is provided under a subscription described in your Order. Unless your Order says otherwise:

• Fees are billed in advance on a monthly or annual basis and are non-refundable except where required by law.
• Subscriptions renew automatically for successive terms equal to the initial term unless either party gives notice of non-renewal at least thirty (30) days before the end of the current term.
• We may change pricing or introduce new fees with at least thirty (30) days’ advance notice; changes apply at your next renewal.
• Customer is responsible for any taxes other than those based on Operant’s net income.
• If a payment fails, we may suspend access until the balance is paid. Customer Data is retained during a reasonable cure period before any deletion.

You agree not to, and not to permit any User to:

• use the Service in violation of applicable law or any third party’s rights;
• upload or transmit content that is unlawful, infringing, defamatory, or otherwise harmful;
• attempt to interfere with the integrity or performance of the Service, probe for vulnerabilities outside an authorized program, or circumvent access controls;
• reverse engineer, decompile, or extract the source code of the Service except to the extent permitted by law;
• resell, sublicense, or commercially exploit the Service outside the scope of an Order; or
• use the Service to build a competing product, or use it to train any machine-learning model intended to compete with the Service.

As between the parties, Customer owns all Customer Data. Customer grants Operant a limited, non-exclusive, worldwide license to host, copy, transmit, display, and process Customer Data solely as needed to provide and support the Service.

Operant owns the Service, including all software, templates, default content, and improvements. No rights are granted to Customer except those expressly described in these Terms.

We may use de-identified, aggregated information derived from Customer Data to operate, secure, and improve the Service. We do not sell Customer Data, and we do not use Customer Data to train generalized AI models intended for use by third parties.

Each party will protect the other’s Confidential Information using at least the same care it uses to protect its own confidential information of like kind, and will not use or disclose Confidential Information except as needed to perform under these Terms. Confidential Information does not include information that is public, independently developed, or rightfully received from a third party.

We strive to keep the Service available with high uptime but do not guarantee uninterrupted operation. Scheduled maintenance, third-party outages, and force majeure events may cause downtime. Service-level commitments, when offered, are described in the applicable Order.

These Terms remain in effect while you have an active subscription. Either party may terminate for material breach not cured within thirty (30) days after written notice. We may suspend or terminate access immediately if we reasonably believe Customer’s use creates a security or legal risk to Operant or other customers.

Upon termination, Customer’s right to access the Service ends, and we may delete Customer Data after a reasonable retention period. Sections that by their nature should survive termination (including ownership, confidentiality, disclaimers, limitation of liability, indemnification, and governing law) will survive.

Each party represents that it has authority to enter into these Terms.

EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” OPERANT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. EACH PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO OPERANT FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations apply regardless of the form of action and even if a remedy fails of its essential purpose.

Customer will defend, indemnify, and hold harmless Operant from any third-party claims arising out of (a) Customer Data, (b) Customer’s use of the Service in violation of these Terms or applicable law, or (c) Customer’s products or services. Operant will defend, indemnify, and hold harmless Customer from any third-party claims that the Service, when used as permitted, infringes a third party’s intellectual property rights, subject to customary exclusions.

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in Delaware for any dispute that is not subject to arbitration. Each party waives any right to a jury trial.

We may update these Terms from time to time. Material changes will be communicated via the Panel or by email at least thirty (30) days before they take effect. Continued use of the Service after the effective date of an updated version constitutes acceptance of the new Terms.

Questions, notices, and requests under these Terms should be sent to legal@operanttechnologies.com. Security reports go to security@operanttechnologies.com.