1. Definitions & Interpretation
1.1 Key Definitions
- Account: Any registered user profile or login credentials used to access the OpsLink Platform.
- Agreement: These Terms of Service, including all referenced policies (Privacy Policy, Cookie Policy, DMCA Policy, etc.) and any updates or modifications.
- Content: Any text, images, videos, audio, software code, or other materials submitted or made available by a User via the Platform.
- DMCA: The Digital Millennium Copyright Act, 17 U.S.C. § 512, or any applicable copyright law in other jurisdictions.
- OpsLink Platform: All websites, applications, APIs, services, and tools operated by OpsLink Inc.
- Services: All functionality, features, tools, and interactions available on or through the Platform.
- Third-Party Services: External websites, APIs, or platforms that integrate with OpsLink or may be accessed through it.
- User: Any individual or entity using or accessing the OpsLink Platform.
- User Content: Content uploaded, submitted, or shared by Users via the Platform.
- Paid Features: Subscription-based or premium services offered by OpsLink for a fee.
1.2 Rules of Interpretation
- Headings are for convenience only and do not affect interpretation.
- The singular includes the plural and vice versa.
- References to persons include individuals, corporations, and other legal entities.
- References to laws include all amendments or replacements.
- Words importing a gender include all genders.
- "Including" is illustrative, not limiting.
2. Acceptance of Terms
By using the OpsLink Platform, Users acknowledge they have read, understood, and agree to be bound by this Agreement. If you do not agree, you must immediately stop using the Platform.
Users confirm they have the legal capacity to enter this Agreement. Organizations must ensure the person accessing the Platform is authorized to bind the organization.
3. Eligibility & Age Requirements
Users must be at least 13 years old. Minors under the age of majority must have parental or guardian consent. Parents remain responsible for the minor’s actions.
Access to the Platform may be restricted in jurisdictions where it violates local laws. Users are responsible for complying with local regulations.
4. Account Registration & Security
- Users must provide accurate, current, and complete registration information. False information may lead to suspension or termination.
- Users are responsible for maintaining the confidentiality of their credentials. Unauthorized access must be reported immediately.
- Users must not attempt unauthorized access to the Platform or other Accounts.
5. User Content & Conduct
- Ownership: Users retain rights to their Content but grant OpsLink a worldwide, non-exclusive, royalty-free license to use, reproduce, display, and distribute it.
- License: OpsLink may modify or create derivative works to operate and enhance Services, including for marketing or analytics.
- Content Standards: Content must comply with laws and respect others' rights. Prohibited content includes illegal, fraudulent, violent, hateful, or harmful material, as well as spam or malware.
- Moderation: OpsLink may remove, restrict, or refuse any Content that violates this Agreement or is deemed inappropriate. Accounts may be suspended for repeated violations.
6. Community Guidelines
- Harassment, abuse, threats, or intimidation are prohibited.
- Hate speech or discriminatory content is strictly prohibited.
- NSFW content must be clearly marked and follow local laws.
- Impersonation of others or official representatives is prohibited.
- Spam, malware, and fraudulent activities are strictly prohibited.
7. Intellectual Property Rights
- All OpsLink intellectual property (software, logos, trademarks) is owned by OpsLink Inc. or licensors. Users receive a limited license to access the Platform.
- Third-party materials remain the property of their owners. Users must comply with all applicable terms.
- Users represent that they have rights to submit Content and it does not infringe on third-party rights.
8. DMCA & Copyright Policy
- OpsLink responds to valid copyright claims under DMCA. Takedown notices must comply with 17 U.S.C. § 512(c).
- Users may submit counter-notifications if Content was removed in error.
- Repeat infringers may have their Accounts terminated.
9. Privacy Policy
- OpsLink collects personal and technical data for service provision and improvement.
- Cookies and tracking technologies are used for functionality, analytics, and personalization.
- Data may be shared with service providers or authorities as required by law. OpsLink does not sell personal data.
- Users can exercise rights like access, correction, deletion, and objection to data processing.
11. Payments, Billing & Subscriptions
- Fees are indicated prior to purchase. OpsLink may modify pricing with notice.
- Refunds follow the terms at the time of purchase.
- Users are responsible for charges, including taxes. Unauthorized chargebacks may lead to suspension or legal action.
12. Third-Party Services & Links
- Inclusion of third-party links does not imply endorsement.
- Users access third-party services at their own risk and under their terms.
13. Disclaimers & No Warranties
- The Platform and Services are provided "as-is" and "as-available".
- Availability is not guaranteed; maintenance or technical issues may occur.
- Content accuracy is not guaranteed.
14. Limitation of Liability
- OpsLink is not liable for indirect, incidental, or consequential damages.
- Aggregate liability is capped at total fees paid in the six months prior to a claim.
15. Indemnification
Users agree to indemnify and hold harmless OpsLink and its affiliates from claims arising from violations of this Agreement, submission of unlawful Content, or illegal use of the Platform.
16. Termination & Suspension
- OpsLink may suspend or terminate Accounts for violations, illegal activity, or at its discretion.
- Upon termination, access ceases. Content may be deleted or retained per data retention policies.
17. Governing Law & Jurisdiction
This Agreement is governed by the laws of Ontario, Canada. Disputes will be resolved exclusively in courts in Toronto, Ontario, and Users consent to jurisdiction there.
18. Changes to the Agreement
OpsLink may update this Agreement at any time by publishing the revised version. Continued use constitutes acceptance. Significant changes will be communicated reasonably.
19. Severability, Waiver & Entire Agreement
- If any provision is invalid or unenforceable, the rest remains in effect.
- Failure to enforce any provision is not a waiver.
- This Agreement and referenced policies constitute the full agreement between Users and OpsLink.
20. Contact Information
For questions regarding this Agreement or other legal matters:
OpsLink Inc.
Email: opslinksystems@gmail.com