Services agreement.

This agreement is between Operant Technologies, LLC and the company whose account you use. In it, “the Services” means the customer portal and any Operant product the company is licensed to use, whatever it is called now or later. Creating an account, accepting an invite, or using the Services means the company accepts this agreement. The person who completes company setup confirms they have authority to bind the company. We can change these terms; account owners get an email at least 14 days before a change takes effect, and continued use after that date is acceptance. A signed order controls over these terms wherever they conflict.

Accounts are issued per named person and must not be shared. The company is responsible for activity under its accounts and for removing people who leave. Keep credentials confidential and tell us promptly at support@operanttechnologies.com if you suspect an account is compromised. We may suspend access for non-payment, a material breach of this agreement, or to contain a security event, and we restore it as soon as the cause is resolved.

Pilot access may be unpaid. During a pilot, features may change or be withdrawn, and no availability or support commitment applies unless a signed order says otherwise. Feedback you give us during a pilot may be used to improve the products without obligation to you.

“Customer Data” means everything the company or its people put into the Services, everything generated from it, and everything we receive from a system the company connects to us. That includes bids, quotes, takeoffs, drawings, specifications, schedules, photographs, correspondence and attachments, mailbox and calendar content from a connected account, contact and company records, notes, settings, and any output the Services derive from those, including AI-generated summaries and drafts. It stays the company’s. We process it only to operate the Services, under a licence limited to that purpose, and we never sell it or use it to train foundation models. Owners can request a full export at any time. After termination, we keep Customer Data available for export for 30 days, then delete it from live systems within 90 days; backups age out on their own cycle of at most 30 days after that. Personal information is handled under the privacy policy.

No reverse engineering, resale, or sublicensing. No automated scraping, credential sharing, or probing of other companies’ data. No interference with the service or other customers. No unlawful or infringing material, and no putting Customer Data into the Services, including connecting a mailbox or other system, that the company has no right to share with us.

Some products work against a system the company connects, such as a mailbox or calendar. Which accounts are connected, who may connect them, and what the Services are authorised to send on a person’s behalf are set by the company and recorded in its signed order, not here. Connecting an account requires that person’s own consent at the provider, and either the person or an owner can disconnect it at any time, which stops further access. The company confirms it has the authority to connect each account and to permit what it configures.

Pilots are free. Paid pricing, billing period, payment terms and tax handling are set in a signed order. To be determined before general availability: standard price list, payment terms, and the notice period for price changes. Until then, nothing is charged without a signed order that states the amount.

There is no formal uptime commitment yet; one belongs in a signed order when we make it. We run the service to be available continuously, announce planned maintenance in advance by email, and report incidents by email to account owners. Support runs 7 to 4 Mountain Time on working days, by email and through the portal, and we aim to answer the same day.

The controls in force are listed on the security page and change only in the direction of more protection. If we confirm a breach of security that affects your data, we notify the account owner by email within 72 hours of confirming it, with what we know and what we are doing.

We keep all rights in the software, interfaces and documentation. You keep all rights in your data. Feedback may be used without obligation or attribution. Neither party may use the other’s name or marks publicly without permission.

The agreement starts when the account is created and runs until terminated. Either party may terminate with 30 days’ written notice. Either party may terminate for material breach if the breach is not cured within 30 days of written notice of it. On termination, export and deletion run per the Your data section, and any fees owed under a signed order remain due.

We warrant the service will perform materially as described in its documentation. Beyond that, it is provided as-is, and all other warranties are disclaimed to the fullest extent the law allows. Nothing in the products is engineering, structural or code-compliance advice: takeoffs, measurements, schedules and generated documents must be checked by a qualified person before they govern fabrication or installation.

Neither party’s total liability under this agreement exceeds the fees the company paid in the 12 months before the claim arose, or 100 US dollars where no fees were paid. Neither party is liable for indirect, incidental or consequential loss, including lost profits. The cap does not apply to a party’s indemnity obligations, breach of confidentiality, or wilful misconduct.

We defend the company against third-party claims that the service, used as permitted, infringes intellectual property, and we pay resulting damages finally awarded. The company defends us against claims arising from its data, its connected mailboxes, or use of the service outside this agreement. The indemnified party gives prompt notice and reasonable cooperation; the indemnifying party controls the defence and may not settle in a way that admits fault for the other without consent.

This agreement is governed by the law of Wyoming, and disputes go to the state or federal courts sitting in Sheridan County, Wyoming, which both parties accept. To be determined on counsel review: whether disputes move to arbitration and whether a class-action waiver applies.

Neither party may assign this agreement without the other’s consent, except to a successor in a merger or sale of substantially all assets. We may use subprocessors and remain responsible for them; the current list is available on request to privacy@operanttechnologies.com. This agreement plus any signed order is the entire agreement; if a clause is unenforceable the rest stands. Notices go by email: to the account owner’s address on file, and to legal@operanttechnologies.com for us.