HuggerHustle Terms of Service
Effective date: [EFFECTIVE DATE]
These Terms of Service (the “Terms”) are a legal agreement between you and OpsCom Corp., a Delaware corporation (“OpsCom,” “we,” “us,” or “our”). They govern your access to and use of HuggerHustle, including the website at [huggerhustle.com], any applications we provide, and all related features, content, and services (together, the “Service”).
By creating an account, clicking to accept, or using the Service, you agree to these Terms and to our Privacy Policy at [PRIVACY POLICY URL]. If you do not agree, do not use the Service.
1. What HuggerHustle Does
1.1 The Service. HuggerHustle is an AI-powered research and drafting tool for anyone who wants to test a business idea in the real world. An AI agent interviews you about your business idea, concept, prototype, or early product; researches publicly available information to identify potential ideal customer profiles (“ICPs”), including organizations, roles, and in some cases named individuals; and drafts outreach emails for you to send.
1.2 You send, we draft. Unless a feature expressly states otherwise, HuggerHustle does not send emails or messages on your behalf. You decide whether, when, to whom, and how to send any communication. If we introduce a feature that sends messages on your behalf, it will require your separate authorization, and you will remain responsible for the message and its recipients.
1.3 AI-generated results. The Service uses artificial intelligence, including large language models and automated web research, to generate results. AI systems can produce output that is inaccurate, incomplete, outdated, biased, or entirely fabricated, including people, titles, organizations, and contact details that do not exist or are wrong. Results are a starting point for your own judgment and verification, not finished work product and not a guarantee.
1.4 Not professional advice. Nothing in the Service is business, legal, financial, tax, marketing, or other professional advice. We do not guarantee that any ICP is a suitable customer, that any email will get a response, or that any business idea will succeed.
1.5 Early access and usage limits. The Service is currently offered free of charge and may be labeled beta, preview, or early access. We are building it actively. Features may be added, changed, limited, or removed, and we may set limits on interviews, searches, drafts, or other usage. Section 6 explains how paid plans will work if and when we introduce them.
2. Eligibility, Age, and Accounts
2.1 Open to all ages, with conditions. HuggerHustle is for anyone who wants to test a business idea in the real world. Because the Service collects personal information and produces outreach to real people, the age conditions in Sections 2.2 through 2.4 apply.
2.2 Users under 18. If you are under 18, or under the age of majority where you live, you may use the Service only if your parent or legal guardian has read these Terms and accepted them on your behalf. By accepting, your parent or guardian (a) becomes a party to these Terms together with you; (b) agrees to be bound by them, including Sections 12 through 16; (c) is responsible for your use of the Service, including your Inputs, your outreach, your compliance with Section 5, and any purchase under Section 6; and (d) consents to our collection and use of your personal information as described in the Privacy Policy.
2.3 Users under 13. If you are under 13, or under the age at which you can consent to the processing of your personal data where you live, the Service may be used only through an account that your parent or legal guardian creates, holds, and controls, and only after we have obtained verifiable parental consent through the process described in the Privacy Policy. The parent or guardian is the account holder and the sender of any outreach. If we learn that a child under 13 has used the Service without such consent, we will close the account and delete the child's personal information.
2.4 Safety rules for users under 18. If you are under 18: (a) your parent or guardian must be able to access your account and review your activity; (b) your parent or guardian must review every outreach email before you send it; (c) do not put your home address, school, phone number, photo, or other personal details into the Service or into any outreach beyond what your parent or guardian approves; and (d) tell your parent or guardian promptly about any reply you receive.
2.5 Business use. The Service is intended for use in connection with starting or operating a business. If you use the Service on behalf of a company or other entity, you represent that you are authorized to bind that entity to these Terms, and “you” includes that entity.
2.6 Account information. You agree to provide accurate and complete registration information, including your age where we ask for it, and to keep it current.
2.7 Account security. You are responsible for all activity under your account. Keep your login credentials confidential and notify us promptly at [SUPPORT EMAIL] of any unauthorized use.
2.8 One account per person. Do not create multiple accounts to evade limits, share your account, or transfer it without our written consent.
2.9 Restricted persons. You may not use the Service if you are located in a country or territory subject to comprehensive US sanctions, if you are on a US government restricted-party list, or if we have previously terminated your access.
3. Your Inputs and Your Business Idea
3.1 Definitions. “Inputs” means everything you provide to the Service, including interview answers, business descriptions, documents, links, instructions, and your reactions to results. “Outputs” means the results the Service generates for you, including ICP research, contact suggestions, email drafts, and reports.
3.2 You own your Inputs. As between you and OpsCom, you retain all ownership and intellectual property rights in your Inputs. We do not acquire any ownership of your business idea, concept, plan, or product because you used the Service.
3.3 License to operate the Service. You grant OpsCom a worldwide, non-exclusive, royalty-free license to host, store, process, reproduce, and modify your Inputs solely as needed to (a) provide, maintain, secure, and support the Service for you; (b) improve the Service as described in Section 3.5; (c) comply with law; and (d) enforce these Terms. This license ends when you delete the relevant Inputs or your account, except for copies held in routine backups for a limited period, copies we must retain by law, and de-identified data described in Section 3.5.
3.4 How we handle your Inputs. We treat your Inputs as your confidential business information. We protect them with reasonable administrative, technical, and physical safeguards. We do not sell your Inputs, publish them, or make them visible to other users. Our service providers (Section 9) may process your Inputs only to provide the Service and are bound by confidentiality obligations.
3.5 Improving the Service; AI training. We do not use your Inputs or Outputs to train or fine-tune AI models, whether ours or our providers', unless you expressly opt in. We may use aggregated or de-identified usage data (for example, which features are used, how often, and whether results were accepted or edited) to operate, analyze, and improve the Service. De-identified data does not identify you and does not reveal your business idea.
3.6 Not a non-disclosure agreement. These Terms are not a non-disclosure agreement, and the Service is not designed to hold trade secrets, unfiled inventions, source code, or regulated data. Provide the level of detail a trusted contractor would need to research your customers and draft your outreach, and do not submit anything you are not comfortable having processed by us and the service providers described in Section 9.
3.7 Your responsibility for Inputs. You represent that you have the right to provide your Inputs; that they do not violate any law or any third-party right; that any personal data they contain about other people is limited to business contact information you are entitled to share (see Section 5); and that they do not include sensitive personal data such as health, financial account, government identification, biometric, or similar information.
4. Outputs
4.1 You own your Outputs. Subject to your compliance with these Terms, and as between you and OpsCom, you own the Outputs generated for you, and OpsCom assigns to you any right, title, and interest it may have in them. You may use your Outputs for any lawful purpose.
4.2 Outputs are not unique or exclusive. Because AI generates results from patterns and public information, other users may receive similar or identical Outputs, and other users may identify the same ICPs and contacts. We do not warrant that any Output is original or free of third-party rights, and we do not grant exclusivity over any ICP, organization, or contact.
4.3 Verify before you rely. You are solely responsible for reviewing Outputs before using them, including confirming that a person exists, holds the stated role at the stated organization, and may lawfully be contacted, and that every factual claim in an email draft is true. Do not send an email draft without reviewing and, where needed, editing it.
4.4 Your communications are yours. You are solely responsible for any communication you send using or based on Outputs, including its content, recipients, timing, truthfulness, any commitment it makes, and its compliance with law. OpsCom is not a party to any relationship you form with a recipient, and recipients are not OpsCom's customers.
4.5 No deceptive use. You may not state or imply that OpsCom endorses your business, and you may not represent Outputs as human-written where doing so would be deceptive or where disclosure of AI use is legally required.
5. Third-Party Contact Information and Outreach Laws
5.1 What the Service surfaces. The Service may surface information about real people and organizations (“Contact Data”), such as names, job titles, employers, organization descriptions, and, where available, public business contact details or likely business email formats. Contact Data is drawn or inferred from publicly available sources and third-party data providers and may be wrong, outdated, or incomplete.
5.2 Permitted use. You may use Contact Data only for legitimate business-to-business outreach related to your own business, and only as permitted by law. You may not use Contact Data to market to individuals in their personal capacity, for any purpose unrelated to the business context in which it was surfaced, to build, sell, or license a contact database, or to harass, intimidate, discriminate against, defraud, or harm anyone.
5.3 You are the sender, so you comply. You are solely responsible for complying with every law that applies to your outreach and to your handling of Contact Data, including, as applicable, the US CAN-SPAM Act, the Telephone Consumer Protection Act (if you call or text), the EU General Data Protection Regulation and ePrivacy rules, the UK GDPR and PECR, Canada's Anti-Spam Legislation, Australia's Spam Act, and any other privacy, data protection, anti-spam, telemarketing, or consumer protection law. Depending on where you and your recipients are located, these laws may require an accurate sender identity and physical address, a working unsubscribe mechanism, a lawful basis for processing, notice to the individual about where you obtained their data, honoring of opt-outs, and record keeping.
5.4 Respect objections. If a person asks you to stop contacting them, stop. If a person asks where you obtained their information, answer truthfully. You are responsible for handling any request from a person to access, correct, or delete data in your control. If a request concerns data that OpsCom holds, you may direct the person to [PRIVACY EMAIL].
5.5 No guarantee of contactability. We do not warrant that any Contact Data is accurate, current, or complete, or that contacting any person is lawful or appropriate. Surfacing Contact Data is not a representation by OpsCom that the person has consented to be contacted.
5.6 Roles under data protection law. Where data protection law applies, OpsCom is an independent controller of Contact Data it collects and processes to operate the Service, and you are an independent controller of Contact Data and any other personal data that you use, send, or store, including outside the Service. Each party is responsible for its own compliance. OpsCom's handling of personal data is described in the Privacy Policy.
6. Fees, Subscriptions, and Credits
6.1 Free today. The Service is currently free. We may introduce paid features, subscription plans, or credit-based usage (“Paid Plans”) at any time. We will not charge you unless you affirmatively purchase a Paid Plan.
6.2 Pricing and billing. Prices, plan features, and usage allowances will be shown at the time of purchase. By purchasing a Paid Plan, you authorize OpsCom and its payment processor to charge your chosen payment method for the fees plus applicable taxes. Users under 18 may not purchase a Paid Plan; any purchase for a user under 18 must be made by a parent or legal guardian, who is responsible for it.
6.3 Subscriptions and automatic renewal. Subscriptions renew automatically at the end of each billing period, at the then-current price for your plan, until you cancel. You can cancel at any time in your account settings or by contacting [SUPPORT EMAIL]. Cancellation takes effect at the end of the current billing period, and you keep access until then. To avoid being charged for the next period, cancel before the renewal date.
6.4 Credits. If we offer credits, credits are consumed as you use the Service at the rates shown at purchase. Credits are personal to your account, non-transferable, have no cash value, and are not redeemable for money except where required by law. Unless stated otherwise at purchase, credits expire [12] months after purchase. Unused credits are forfeited if we terminate your account for breach.
6.5 Refunds. Except where required by applicable law or expressly stated at purchase, fees and credits are non-refundable, including for partial billing periods, unused credits, and unused features. If you are a consumer with a statutory right to withdraw from a purchase of digital services, you agree that we may begin providing the paid features immediately, and you acknowledge that this may end your right to withdraw to the extent permitted by law.
6.6 Price and plan changes. We may change prices, plan features, usage allowances, or credit rates. For an existing subscription, we will give you at least 30 days' notice before a price increase takes effect at your next renewal. If you do not agree, cancel before the renewal date.
6.7 Free trials and promotions. If we offer a free trial or promotion, its terms will be stated at signup. Unless stated otherwise, a free trial converts to a paid subscription at the end of the trial unless you cancel before it ends.
6.8 Taxes. Fees exclude taxes. You are responsible for any sales, use, value-added, goods and services, withholding, or similar taxes, other than taxes on OpsCom's net income.
6.9 Failed payments. If a payment fails, we may suspend Paid Plan features until payment is received, and we may retry the charge.
7. Prohibited Business Categories and Acceptable Use
7.1 Prohibited business categories. HuggerHustle exists to help people test legitimate business ideas. You may not use the Service to interview about, research, validate, find customers for, or draft outreach for any business, product, or service that involves:
- firearms, ammunition, explosives, or other weapons, or their parts, accessories, or modification;
- illegal drugs, controlled substances, drug paraphernalia, or psychoactive products sold without the required license;
- sexual or adult content or services, including pornography, escort or companionship services, and sexually oriented businesses;
- the exploitation, abuse, or endangerment of any person or animal, including human trafficking, forced labor, child exploitation, elder abuse, and animal cruelty;
- violence, terrorism, hatred, or harassment, or content that promotes or glorifies them;
- fraud, scams, pyramid schemes, counterfeit goods, money laundering, hacking tools or malware, or unlicensed gambling or financial services;
- anything else that is illegal where you live, where OpsCom operates, or where your intended customers are located, including products or services that require a license or registration you do not hold; or
- any other category we designate as prohibited in the Service or in a notice to you.
The AI agent may decline to continue an interview, research, or drafting if a business idea appears to fall in a prohibited category, and we may remove content and suspend or terminate accounts used for such ideas. Our determination that an idea falls in a prohibited category is final.
7.2 Prohibited conduct. You agree not to do, and not to help anyone else do, any of the following:
- use the Service or any Output for spam, phishing, fraud, impersonation, harassment, threats, defamation, or any unlawful, deceptive, or harmful purpose;
- send communications that violate applicable law, or that misrepresent the sender, the subject matter, or the business;
- use the Service to identify, target, or contact minors, or to contact individuals in their personal, non-business capacity;
- submit sensitive personal data, or personal data you are not entitled to share;
- use the Service or Outputs to make decisions that have legal or similarly significant effects on individuals, such as employment, credit, housing, insurance, or eligibility decisions;
- reverse engineer, decompile, or attempt to extract the source code, models, prompts, or training data of the Service, except to the extent that applicable law prohibits this restriction;
- access the Service with bots, scrapers, or other automated means, or bypass rate limits, usage limits, or access controls;
- use the Service or Outputs to develop, train, or improve a product or AI model that competes with the Service;
- resell, sublicense, or offer the Service to third parties as a service bureau, or offer Outputs or Contact Data as a data product;
- upload malicious code or interfere with the security, integrity, or performance of the Service;
- remove or alter any proprietary notice;
- use the Service in violation of export control or sanctions laws; or
- misrepresent your identity or affiliation, or use the Service on behalf of a person or entity you are not authorized to represent.
7.3 Enforcement. We may investigate suspected violations, remove content, limit features, suspend or terminate accounts, and report unlawful activity to authorities.
8. OpsCom's Intellectual Property
8.1 Ownership. The Service, including its software, AI agents, prompts, workflows, models, interfaces, designs, text, graphics, trademarks, and all improvements, is owned by OpsCom or its licensors and is protected by intellectual property laws. Except for the rights expressly granted in these Terms, no rights in the Service are granted to you.
8.2 License to you. Subject to these Terms, OpsCom grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your own business purposes.
8.3 Feedback. If you give us suggestions, ideas, or feedback about the Service (“Feedback”), you grant OpsCom a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose without obligation to you. Feedback does not include your Inputs or your business idea.
8.4 Trademarks. “HuggerHustle,” “OpsCom,” and the associated logos are trademarks of OpsCom. Do not use them without our prior written permission.
9. Third-Party Services
The Service relies on third-party services, including AI model providers, web search and data providers, hosting, analytics, and, where applicable, payment processors and email delivery providers. Some Outputs are generated by or with third-party AI models. We are not responsible for third-party services, their availability, or their content, and your use of any third-party service linked from or integrated with the Service may be subject to that third party's terms. Links to third-party websites are not endorsements.
10. Privacy
Our Privacy Policy at [PRIVACY POLICY URL] explains what personal data we collect, how we use it, and the rights you have. It forms part of these Terms. While you have an account, we may send you service communications, such as security notices and notices of changes to these Terms, that you cannot opt out of.
11. Suspension and Termination
11.1 By you. You may stop using the Service and delete your account at any time in your account settings or by contacting [SUPPORT EMAIL].
11.2 By us. We may suspend or terminate your access to all or part of the Service, with or without notice, if we reasonably believe you have violated these Terms, if the law requires it, if your use creates risk or legal exposure for us or for others, or if we discontinue the Service. We may also close accounts that have been inactive for [12] months after giving you notice.
11.3 Effect. When your account ends, your right to use the Service ends, and we may delete your Inputs and Outputs after the retention period described in the Privacy Policy. Export anything you want to keep before your account closes. Sections 3 through 5, 7, 8, and 12 through 18 survive termination.
12. Disclaimers
12.1 THE SERVICE, OUTPUTS, AND CONTACT DATA ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, OPSCOM AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
12.2 WITHOUT LIMITING SECTION 12.1, WE DO NOT WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) ANY OUTPUT OR CONTACT DATA WILL BE ACCURATE, COMPLETE, CURRENT, LAWFUL TO USE, OR FIT FOR YOUR PURPOSE; (C) ANY EMAIL, OUTREACH, OR BUSINESS EFFORT WILL ACHIEVE ANY RESULT; OR (D) THE SERVICE WILL MEET YOUR REQUIREMENTS. YOU USE THE SERVICE AND RELY ON OUTPUTS AT YOUR OWN RISK.
12.3 Some jurisdictions do not allow the exclusion of certain warranties, so parts of this Section may not apply to you.
13. Limitation of Liability
13.1 TO THE FULLEST EXTENT PERMITTED BY LAW, OPSCOM AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2 TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF OPSCOM AND THE PARTIES LISTED IN SECTION 13.1 FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID OPSCOM FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) US$100.
13.3 WITHOUT LIMITING THE ABOVE, OPSCOM IS NOT LIABLE FOR (A) THE CONTENT OF ANY COMMUNICATION YOU SEND; (B) ANY DECISION YOU MAKE OR ACTION YOU TAKE IN RELIANCE ON OUTPUTS OR CONTACT DATA; (C) CLAIMS BY RECIPIENTS OF YOUR COMMUNICATIONS; OR (D) THE ACTS OR OMISSIONS OF THIRD-PARTY SERVICES.
13.4 This Section does not limit liability that cannot be limited under applicable law, including liability for death or personal injury caused by negligence, or for fraud, and it does not limit any consumer rights that cannot be waived.
14. Indemnification
To the fullest extent permitted by law, you will defend, indemnify, and hold harmless OpsCom and its affiliates, officers, directors, employees, and agents from and against all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to (a) your Inputs; (b) any communication you send or business activity you conduct using Outputs or Contact Data; (c) your violation of these Terms or of any law, including privacy, data protection, and anti-spam laws; or (d) your violation of any third-party right. We may assume the exclusive defense of any matter subject to indemnification, and you agree to cooperate. If you are under 18, your parent or guardian gives the indemnity in this Section on their own behalf and on your behalf.
15. Dispute Resolution and Arbitration
15.1 Informal resolution first. Before starting arbitration or any court proceeding, the party raising a dispute must send the other a written notice of dispute. Notices to OpsCom go to [LEGAL EMAIL]; notices to you go to your account email. A notice from you must be sent from your account email, must be personal to you and signed by you, and must describe the facts of the dispute and the specific relief you seek. A form notice, or a notice submitted by counsel on behalf of more than one person, is not a valid notice. If OpsCom requests it, you will participate in a good-faith telephone or video conference to try to resolve the dispute. Neither party may start arbitration or a court proceeding until 60 days after a valid notice is received. Any applicable limitation period is tolled during those 60 days. Small claims court matters are exempt from this Section 15.1.
15.2 Agreement to arbitrate. If a dispute is not resolved informally, you and OpsCom agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your relationship with OpsCom, including any question about the existence, scope, validity, or enforceability of this Section (a “Dispute”), will be resolved by binding individual arbitration and not in court, except as stated in Section 15.6. If you are under 18, your parent or guardian agrees to this Section 15 on their own behalf and on your behalf. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, or its Commercial Arbitration Rules if you use the Service on behalf of a business, as modified by this Section. The rules are available at www.adr.org. If the AAA is unavailable or declines to administer the arbitration, the parties will select another administrator, and if they cannot agree, a court identified in Section 16 will appoint one. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitrator, not a court, decides all questions of arbitrability, except that a court decides the enforceability of Section 15.5 and whether any claim for public injunctive relief must be decided in court.
15.3 Seat, arbitrator, and procedure. The seat of arbitration is Wilmington, Delaware. The arbitrator will be a retired judge or an attorney with at least ten years of experience in commercial or technology disputes. The arbitration will be conducted in English. Claims below US$25,000 will be decided on written submissions unless the arbitrator determines that a hearing is necessary or the applicable AAA rules require one. Any hearing will be held by video conference unless the arbitrator orders an in-person hearing, in which case it will take place in Wilmington, Delaware, except where the applicable AAA rules require a location reasonably convenient to a consumer. Discovery is limited to the exchange of documents directly relevant to the claims; depositions are not permitted unless the arbitrator finds them necessary. The arbitrator must apply these Terms, including Sections 12 through 14 and Section 18.13, and Delaware law, and has no authority to award relief inconsistent with these Terms or to award relief to or against anyone who is not a party to the arbitration. The arbitrator will issue a reasoned written decision. Judgment on the award may be entered in any court of competent jurisdiction.
15.4 Fees and costs. Filing and administrative fees are allocated under the applicable AAA rules. Each party bears its own attorneys' fees and costs, except that the arbitrator will award the prevailing party its reasonable attorneys' fees and costs if the arbitrator finds that a claim or defense was frivolous or brought for an improper purpose, or that a claim was filed after the deadline in Section 18.13.
15.5 Class action and representative action waiver. YOU AND OPSCOM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims, and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide the relief warranted by that party's individual claim. If a court decides that applicable law does not permit waiver of a claim for public injunctive relief, that claim, and only that claim, will be severed and decided in court under Section 16 after all arbitrable claims have been resolved. If this Section 15.5 is otherwise found unenforceable as to a particular claim, that claim, and only that claim, will be decided in court under Section 16, and this Section 15 will continue to apply to all other claims.
15.6 Exceptions. Either party may bring an individual claim in small claims court if the claim qualifies and remains in that court on an individual basis. Either party may also seek temporary, preliminary, or permanent injunctive or other equitable relief in a court identified in Section 16 to protect its intellectual property rights or confidential information or to stop unauthorized use of the Service, without first following Section 15.1 and without waiving arbitration of any other claim.
15.7 Confidentiality. The arbitration, including all filings, evidence, hearings, and the award, is confidential. Neither party may disclose them except to its professional advisers, as needed to enforce or challenge an award, or as required by law.
15.8 Coordinated filings. If 25 or more demands for arbitration are filed against OpsCom within 90 days that raise similar claims and are brought by the same or coordinated counsel, the demands will be administered in batches of up to 100. Each batch will be treated as a single arbitration with one arbitrator, one set of filing and administrative fees, and one procedural calendar. Batches will be assigned in the order the demands were filed, and the parties will cooperate with the AAA to implement this process. Any applicable statute of limitations is tolled from the date a demand is filed until that demand's batch is heard. If this Section 15.8 is found unenforceable, it will be severed and the remainder of this Section 15 will remain in effect.
15.9 30-day opt-out. You may opt out of this arbitration agreement by emailing [LEGAL EMAIL] from your account email within 30 days after you first accept these Terms, stating your name, your account email, and that you opt out of arbitration. An opt-out is personal to you and cannot be submitted on behalf of anyone else. If you opt out, Disputes will be decided exclusively by the courts identified in Section 16, and the rest of these Terms, including Section 15.5 (to the extent permitted by law), Section 15.10, Section 16, and Section 18.13, continue to apply.
15.10 Jury trial waiver. TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND OPSCOM EACH WAIVE ANY RIGHT TO A JURY TRIAL.
15.11 Changes to this Section. Changes to this Section do not apply to any Dispute that arose, or for which a notice under Section 15.1 was received, before the change took effect.
15.12 Mandatory law. This Section applies to the fullest extent permitted by the laws of your place of residence and is not intended to deprive you of any protection that cannot be waived by agreement.
16. Governing Law and Venue
These Terms and any Dispute are governed by the laws of the State of Delaware and applicable US federal law, without regard to conflict-of-laws rules, except that Section 15 is governed by the Federal Arbitration Act. Subject to Section 15, the state and federal courts located in New Castle County, Delaware (including the Delaware Court of Chancery for claims within its jurisdiction) have exclusive jurisdiction over any Dispute that is not subject to arbitration. You and OpsCom consent to personal jurisdiction in those courts and waive any objection to venue there, including any argument that the forum is inconvenient. The Service is operated from the United States; if you access it from elsewhere, you do so on your own initiative and are responsible for compliance with local law. This Section applies to the fullest extent permitted by any mandatory law of your place of residence.
17. Changes to the Service and to These Terms
17.1 Service changes. We may change, suspend, or discontinue any part of the Service at any time. Where reasonably practicable, we will give notice of material changes that adversely affect you. If we discontinue a paid feature, we will refund any prepaid fees or credits attributable to the period after discontinuation.
17.2 Changes to these Terms. We may update these Terms. If a change is material, we will give you at least 14 days' notice by email, in-app notice, or a prominent notice on the Service before it takes effect, except that changes required by law or needed for a new feature may take effect immediately. Your continued use after the effective date means you accept the updated Terms. If you do not agree, stop using the Service and close your account before the change takes effect.
18. General Terms
18.1 Notices. We may give you notice by email to your account email, in-app, or by posting on the Service. Notices to OpsCom must be sent to [LEGAL EMAIL] or by mail to OpsCom Corp., [MAILING ADDRESS].
18.2 Entire agreement. These Terms, the Privacy Policy, and any plan-specific terms presented at purchase are the entire agreement between you and OpsCom about the Service and supersede all prior agreements about it. If plan-specific terms conflict with these Terms, the plan-specific terms control for that plan.
18.3 Assignment. You may not assign or transfer these Terms without OpsCom's prior written consent. OpsCom may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law.
18.4 Severability. If any provision of these Terms is held unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will remain in full effect.
18.5 No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
18.6 Force majeure. Neither party is liable for delay or failure to perform, other than payment obligations, caused by events beyond its reasonable control, including outages of third-party AI or infrastructure providers.
18.7 Export controls and sanctions. You will comply with all applicable export control and sanctions laws, and you represent that you are not a restricted party under those laws.
18.8 Independent parties. OpsCom and you are independent contracting parties. These Terms do not create a partnership, joint venture, agency, franchise, or employment relationship.
18.9 No third-party beneficiaries. Except for the parties protected under Sections 12 through 14, there are no third-party beneficiaries of these Terms.
18.10 Language. These Terms are written in English. Any translation is for convenience only, and the English version controls to the extent permitted by law.
18.11 Interpretation. Headings are for convenience only. “Including” means “including without limitation.”
18.12 Notice to California residents. Under California Civil Code Section 1789.3, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
18.13 Time limit on claims. To the extent permitted by law, any claim arising out of or relating to these Terms or the Service must be filed within one year after the claim arose, or it is permanently barred.
19. Contact
OpsCom Corp., 251 Little Falls Drive, Wilmington, DE 19808, US
Support: [SUPPORT EMAIL] Legal notices: [LEGAL EMAIL] Privacy: [PRIVACY EMAIL] Copyright complaints: [COPYRIGHT EMAIL]