Openr Terms of Service

Effective Date: August 22, 2024

Welcome to Openr!

These Terms of Service ("Agreement") govern your access to and use of Openr, a HubSpot native application designed to enhance your sales enablement. The Platform is owned and operated by RevOps Shop Inc. ("Openr," "we," "us," or "our"). By accessing or using the Platform, you agree to comply with and be bound by this Agreement. If you do not agree to this Agreement, please do not access or use the Platform.

THIS AGREEMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES, INCLUDING A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.

1. Acceptance of this Agreement

1.1 Binding Agreement. By accessing or using the Platform, you agree to be bound by this Agreement. If you are accessing the Platform on behalf of an organization, you represent and warrant that you have the authority to bind that organization to this Agreement.

1.2 Incorporation by Reference. This Agreement incorporates the following documents:

• Privacy Policy: Explains how we collect, use, and disclose personal information.
• Data Processing Agreement: Details how we process your data, including customer data, and how it may be transferred across geographic regions.

2. Modifications to this Agreement

2.1 Right to Modify. We reserve the right to modify this Agreement at any time by posting the updated terms on the Platform. We may also notify you of significant changes via email. Continued use of the Platform after any changes indicates your acceptance of the new terms.

2.2 Review of Terms. You are responsible for regularly reviewing this Agreement. If any modification is unacceptable to you, you must cease using the Platform.

3. Eligibility to Use the Platform

3.1 Age Requirement. You must be at least 18 years old to access or use the Platform. By using the Platform, you represent and warrant that you meet this age requirement.

3.2 Compliance with Laws. You agree to comply with all applicable laws and regulations when using the Platform.

4. Subscription Services

4.1 Paid Services. Access to certain features of Openr may require a subscription ("Subscription Services"). You agree to pay all applicable fees associated with your use of these Subscription Services.

4.2 Free Services. We may offer certain features of Openr for free ("Free Services"). These Free Services are provided "as-is" without any warranties or obligations on our part.

4.3 Free Trials. We may offer free trials of Subscription Services. If you do not cancel before the trial period ends, you will be charged for the Subscription Services.

5. Access to the Platform

5.1 Grant of Access. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your internal business purposes, subject to the terms and conditions of this Agreement.

5.2 Limitations. You may not share, transfer, or resell your access to the Platform or its features, except as expressly permitted by this Agreement.

6. Service Disclaimers

6.1 As-Is Basis. The Platform and its features are provided "as-is" and "as available," without warranties of any kind. We do not guarantee the accuracy, completeness, or availability of the Platform.

6.2 No Compliance Warranties. The Platform is not designed to comply with specific industry regulations such as HIPAA, GDPR, or others. You are solely responsible for ensuring that your use of the Platform complies with applicable laws.

7. User Accounts

7.1 Account Creation. To use certain features of the Platform, you must create an account ("User Account"). You agree to provide accurate and current information when creating your User Account.

7.2 Account Security. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your User Account.

8. Your Responsibilities

8.1 Compliance with Laws. You agree to use the Platform in compliance with all applicable laws and regulations, including those related to privacy, data security, and intellectual property.

8.2 Prohibited Activities. You agree not to engage in any of the following activities:

• Copying, modifying, or creating derivative works of the Platform.
• Reverse engineering or attempting to extract the source code of the Platform.
• Using the Platform for illegal activities or to harm others.

9. Subscriptions and Payments

9.1 Payment Terms. Subscription fees are due in advance and are non-refundable. We reserve the right to change the subscription fees at any time, with notice to you.

9.2 Payment Processing. All payments are processed through third-party payment processors. You agree to the terms and conditions of these processors when making payments through the Platform.

10. Cancellation and Termination

10.1 Cancellation. You may cancel your Subscription Services at any time. However, no refunds will be issued for any unused portion of your subscription.

10.2 Termination by Us. We reserve the right to suspend or terminate your access to the Platform if you violate this Agreement or if we believe your use of the Platform may cause harm to others.

11. Proprietary Rights

11.1 Intellectual Property. All rights, title, and interest in the Platform, including any improvements or modifications, are owned by us or our licensors. You are granted no ownership rights in the Platform.

11.2 Feedback. Any feedback or suggestions you provide regarding the Platform are non-confidential and may be used by us without restriction.

12. Confidentiality

12.1 Confidential Information. You agree to keep confidential any non-public information disclosed to you through the Platform. This obligation continues even after your use of the Platform ends.

13. Data Protection

13.1 Customer Data. You are responsible for the legality, reliability, and quality of any data you upload or process through the Platform ("Customer Data").

13.2 Data Privacy. Our use of your personal data is governed by our Privacy Policy. By using the Platform, you consent to our collection, use, and sharing of your personal data as described in our Privacy Policy.

14. Third-Party Services

14.1 Third-Party Integrations. The Platform may integrate with third-party services. We are not responsible for the performance of these third-party services or their compliance with applicable laws.

15. Disclaimer of Warranties

15.1 No Warranties. The Platform is provided without any warranties, express or implied. We disclaim all warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

16. Limitation of Liability

16.1 Limited Liability. Our liability to you is limited to the greater of $100 or the amount you paid for Subscription Services in the six months preceding the event giving rise to the liability.

16.2 No Consequential Damages. We will not be liable for any indirect, incidental, or consequential damages, including lost profits or data, arising from your use of the Platform.

17. Indemnification

17.1 Your Responsibility. You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from your use of the Platform or your violation of this Agreement.

18. Governing Law and Dispute Resolution

18.1 Governing Law. This Agreement is governed by the laws of the State of Florida, without regard to its conflict of law principles.

18.2 Arbitration. Any disputes arising under this Agreement will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

19. Miscellaneous

19.1 Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding your use of the Platform and supersedes any prior agreements.

19.2 Severability. If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.

19.3 No Waiver. Our failure to enforce any provision of this Agreement does not constitute a waiver of that provision or any other provision.

19.4 Assignment. You may not assign this Agreement or any of your rights or obligations hereunder without our prior written consent.

19.5 Notices. All notices under this Agreement must be in writing and will be deemed given when delivered personally, sent by certified mail, or sent by email.

19.6 Force Majeure. We will not be liable for any delay or failure to perform our obligations under this Agreement due to circumstances beyond our reasonable control.

By using Openr, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you have any questions about these Terms of Service, please contact us at apps@revops.shop.