1. Effective Date and Acceptance of Terms
These Terms of Service (hereinafter referred to as the "Terms") shall come into effect on [Specific Date], 2025, and apply to all users (hereinafter referred to as "You") who access, browse, or utilize the official website and related services provided by OPSASSIST, INC. (hereinafter referred to as "We," "Us," or the "Company"). By using our services, You acknowledge that You have read, understood, and agreed to all the provisions of these Terms. If You do not agree, please cease using our services immediately.
2. Definition and Scope of Services
Our services include, but are not limited to, operational assistance tools, data analysis platforms, technical consulting services, customized solutions, and official website content (such as tutorials and case studies). The specific services provided shall be as displayed on the official website in real-time, and we reserve the right to make adjustments at any time.
3. Usage License and Restrictions
3.1 Usage License
We grant You a non-exclusive, non-transferable, and restricted license to use our services for lawful commercial or personal purposes in accordance with these Terms. Without our written permission, You may not sublicense the services to any third party.
3.2 Service Restrictions
We may modify, suspend, or terminate part or all of our services at any time due to technological upgrades, business adjustments, or legal and regulatory requirements. We will provide prior notice through announcements on the official website or via the contact information You have provided (except in emergency situations).
4. User Accounts and Eligibility
4.1 Account Creation
When using services that require registration, You shall provide true, accurate, and complete personal information (such as name and email address) and be responsible for the authenticity of such information.
4.2 Account Security
You shall properly safeguard your account password and access credentials and be responsible for all activities conducted under your account. If you detect any unauthorized use of your account, you shall immediately notify us, and we will assist you in taking security measures (such as freezing the account).
4.3 User Eligibility
You represent and warrant that:
- You are at least 13 years old or have obtained legal authorization from your parents/guardians;
- If representing a business, you have obtained valid authorization from the business;
- You will not use the services for any illegal activities.
5. User Conduct and Code of Conduct
5.1 Lawful Use
You agree to comply with U.S. federal laws, New York State laws, and other applicable laws and regulations. You shall not use the services to disseminate illegal, defamatory, obscene content, or content that infringes upon the rights of others, attack our systems, distribute viruses, or interfere with the normal operation of the services.
5.2 Prohibition of Circumvention Measures
You shall not bypass, crack, or circumvent the security mechanisms, usage restrictions, or paywalls of the services, including reverse engineering, modifying service codes, or using unofficial plugins.
5.3 User Content Responsibility
You own the content (such as data, feedback, files) that you submit through the services and guarantee that it does not infringe upon the rights of any third party. You grant us the necessary license to use, store, and process such content for the purpose of providing the services.
6. Paid Service Terms
6.1 Pricing and Payment
The prices of paid services shall be as posted on the official website. All fees shall be denominated in U.S. dollars and include applicable taxes (such as New York State sales tax). You shall make timely payments using the designated payment methods (such as credit cards or bank transfers). Failure to pay on time may result in the suspension of services.
6.2 Subscription Services
Subscription services shall be automatically renewed on a periodic basis unless you cancel at least 7 days before the end of the current period. Cancellation can be done through account settings or by contacting customer service. Cancellation will not affect your use of the services during the current period.
6.3 Refund Policy
Except in cases where the services have significant defects that cannot be repaired or as otherwise required by law, paid services are non-refundable. Refund requests must be submitted within 30 days of the service purchase and accompanied by relevant proof materials.
7. Intellectual Property
7.1 Our Rights
All intellectual property rights in the services and related content (including software, codes, designs, texts, and trademarks) are owned by us or our licensors and are protected by the U.S. Copyright Act and Trademark Act.
7.2 Usage Restrictions
Without our written permission, you may not copy, modify, distribute, sell, or create derivative works of the services. You may not use our trademarks or logos.
7.3 Infringement Handling
If you believe that the content of our services infringes upon your intellectual property rights, you may submit a written complaint, and we will handle it in accordance with the provisions of the Digital Millennium Copyright Act (DMCA).
8. Third-Party Services and Links
8.1 Third-Party Services
Our services may include tools or functionalities provided by third parties (such as payment processors and analytical tools). The use of these third-party services is subject to their respective terms and conditions, and we are not responsible for their security or performance.
8.2 External Links
Our official website may contain links to third-party websites. These links are provided solely for convenience, and we are not responsible for the content or privacy practices of these third-party websites.
9. Disclaimer and Limitation of Liability
9.1 Services Provided "As Is"
We make no representations or warranties, express or implied, regarding the accuracy, reliability, or uninterrupted availability of our services. We do not guarantee that the services will meet your specific needs.
9.2 Limitation of Liability
To the extent permitted by law, we shall not be liable for any indirect losses, lost profits, or special damages arising from the use or inability to use our services, regardless of whether such losses were foreseeable.
9.3 Force Majeure
We shall not be liable for any service interruptions or delays caused by force majeure events (such as natural disasters, network failures, or government actions).
10. Confidentiality and Data Protection
10.1 Confidentiality Obligations
We shall keep your trade secrets and sensitive information strictly confidential and shall not disclose them to any third party unless required by law or with your authorization.
10.2 Data Processing
Our processing of your data shall comply with our Privacy Policy and applicable laws (such as New York State data security regulations). We shall take reasonable measures to protect the security of your data.
11. Amendment and Termination of Terms
11.1 Amendment of Terms
We may revise these Terms from time to time. Significant amendments shall be notified to you through announcements on the official website or by email, and shall take effect on the date specified in the notice.
11.2 Termination of Services
You may cease using our services and deactivate your account at any time. If you materially breach these Terms, we may immediately terminate your access to the services and shall not refund any fees already paid.
12. Governing Law and Dispute Resolution
12.1 Governing Law
These Terms shall be governed by the laws of New York State, without regard to its conflict of law principles.
12.2 Dispute Resolution
Any disputes arising from these Terms shall be first resolved through friendly negotiations between the parties. If negotiations fail, either party may file a lawsuit with the Federal District Court for the Southern District of New York.