Terms & Conditions
Introduction
Thanks for using OpsPal, please read these Terms and Conditions carefully as this is a legal agreement.
By using OpsPal in any way, you are agreeing to these Terms and Conditions; and our Privacy Policy.
We will start with the basics, including a few definitions that should help you understand this agreement. OpsPal is an operational management support tool offered through the URL opspal.com and supplied by OpsPal Ltd.
We will refer to us as “OpsPal”, “We”,” Us”, “The System”, “Our System”, “The Service”. Once registered, you can be added to a current site or we can create a new site. “Sites” are how OpsPal divides its system into groups, so facilities/areas/buildings have their own working space.
OpsPal is always being developed and improved based on user feedback. While every effort is made to ensure OpsPal is reliable and secure it should not solely be relied on and we recommend you have backup systems in place and regularly check the system is functioning correctly, and do not use it to store any sensitive data.
If you do experience any problems, please let us know as soon as possible by emailing us at contact@opspal.com or by raising a support ticket via your registered user account on our Support Desk platform.
2. Eligibility
In order to use OpsPal, you must:
- Complete our registration process.
- Agree to these Terms and Conditions and our Privacy Policy
- Provide true, complete, and up-to-date contact information.
By using OpsPal, you represent and warrant that you meet all the requirements listed above, and that you will not use OpsPal in a way that violates any laws or regulations. We may refuse service, close user accounts, disable sites, and change eligibility requirements at any time.
- Changes
We may change these terms and conditions at any time by amending this page. Please check this page from time to time and take notice of any changes made. - User Accounts, Passwords & Sites
You are responsible for keeping your account information confidential. You will immediately notify us of any unauthorised use of your account or sites. We are not responsible for any losses due to stolen or hacked passwords. We do not have access to your current password, and for security reasons, we may only reset your password. As an administrator of a site, you will control who is given access and admin privileges. You will have the right to remove a user at any time. Access to the information in your site remains your sole responsibility. It is your responsibility to ensure the content added to the site meets these terms and conditions, is your own property and is not sensitive data. - License to use the website
Subject to the license, all these intellectual property rights are reserved by OpsPal Ltd.
Do not:
- re-publish material our system (including re-publication on another system).
- sell, rent or sub-license material from the system.
- re-produce, duplicate, copy or otherwise exploit material on this system for a commercial purpose.
- edit or otherwise modify any material on the website or redistribute material from this website [except for content specifically and expressly made available for redistribution]
- Acceptable use
You must not use OpsPal in any way that causes or may cause damage to the system or impairment of the availability or accessibility of the system; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity. You must not use this system to copy, store, host, transmit, send, use, publish or distribute any material which consists of computer virus, Trojan horse, worm, keystroke logger, or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this system without our express consent. You must not use our system to transmit or send unsolicited commercial communications. - Technical Support
If you are experiencing any technical issues, please report them to us at contact@opspal.com or by raising a support ticket via your registered user account on our Support Desk platform. We will use reasonable endeavour to respond to all contact queries within a reasonable time frame, but we make no guarantees or warranties of any kind that any contact will be responded to within any particular time frame or that we will be able to satisfactorily answer any such queries. In some cases, we will agree bespoke support which will incur extra cost. - Third-party company access to OpsPal
If you require a third-party company to access your OpsPal platform, please contact us at contact@opspal.com to request a Non-Disclosure Agreement for them to complete. - Payments
All services are billed in total upfront, with annual renewable license costs on the 12-month anniversary thereafter. - Account Cancellation
We require 90 days’ notice in writing prior to your contract end date should you wish to terminate your OpsPal agreement.
Upon the contract end date, OpsPal can generate a full system (comma-separated variable) .CSV export file of client data, upon their request in writing at least 30 days’ notice in advance of the contract end date. Alternatively, a client can generate export files of their OpsPal app configuration and log files directly from OpsPal, saving to pdf files. If no client request is received prior to the contract end date, OpsPal reserves the right to delete all client information from OpsPal servers, a process that cannot be reversed nor is recoverable.
If you wish to terminate your agreement prior to the full agreed duration of your contract, the following scenarios may apply:
- If your contract was based upon a discount rate applied to your annual license fees for the duration of the contract, then the value of the discount awarded for the 12-month period up to the annual anniversary of your contract start date within which you are cancelling would be due to OpsPal Ltd. OpsPal Ltd will not charge for the discount applied to the remaining contract term duration thereafter.
- If no discount rate was awarded to your contract, then payment would only be due for the 12-month period up to the annual anniversary of your contract start date that your cancellation notice fell within. OpsPal Ltd will not charge for the remaining contract term duration thereafter.
- If you paid upfront for your annual license fees for the full contract duration, then no refund would be offered for the remaining license time, unless the service has been permanently changed or removed.
We will then continue to offer the service until the agreed terms end date.
11. Service limitations and modifications
We will make reasonable efforts to keep OpsPal operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, OpsPal reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the service, with or without notice, all without liability to you, except were prohibited by law, for any interruption, modification, or discontinuation of the OpsPal Service or any function or feature thereof. Notwithstanding the foregoing, if you have pre-paid fees for paid licenses that OpsPal permanently discontinues prior to the end of the Pre-Paid Period, OpsPal will refund you the fees for the Pre-Paid Period after such discontinuation we will also transfer back your site data via a .CSV file. You understand, agree, and accept that OpsPal has no obligation to maintain, support, upgrade, or update the service, or to provide all or any specific content through the service unless otherwise stated in a bespoke agreement. This section will be enforced to the extent permissible by applicable law. OpsPal and/or the owners of any content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
12. Limitations of liability
The information and any commentary on the law contained on our system is provided free of charge for information purpose only. No responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by any user. The information and commentary do not, and is not intended to, amount to legal advice to any person on a matter. You are strongly advised to obtain specific, legal advice about this system and its suitability for use and not to rely on the information on this system or given by us.
- to the extent that our system is provided free-of-charge, for any direct loss.
- for any indirect, special, or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
You acknowledge that complex software is never wholly free from defects, errors, and bugs; and subject to the other provisions of this Agreement, the Provider gives no warranty or representation that the services will be wholly free from defects, errors and bugs and that complex software is never entirely free from security vulnerabilities; and subject to the other provisions of this agreement, we give no warranty or representation that the services will be entirely reliable or secure.
You are responsible for making all arrangements necessary for you to have access to our service. We do not commit to ensuring that our system remains available or that the material on the system is kept up-to-date and the way that you use it is suitable for you. These limitations of liability apply even if you have been expressly advised of the potential loss.
13. Contact Us
If you have any questions regarding OpsPals or its agreements, please contact us contact@opspal.com.
How to make a complaint
To exercise all relevant rights, queries, or complaints please in the first instance please contact us contact@opspal.com.