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Terms and Conditions

Welcome to Opportify

Welcome to Opportify, Inc. ("Opportify"). These Terms and Conditions ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Opportify, Inc. ("Company", "we", "us", or "our"), govern access to and use of the AI-driven, Software as a Service (SaaS) solutions and APIs provided by Opportify. By accessing or using the services, the Customer acknowledges and agrees to be bound by these Terms. If the Customer does not agree to these Terms, access to or use of the services is strictly prohibited.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

1. Definitions

  1. "Opportify," "we," "us," "our": Refers to Opportify, Inc., the provider of the SaaS solutions.
  2. "Customer," "you," "your": Refers to the individual or entity accessing or using the services, including their employees, agents, or representatives.
  3. "Services:": Refers to our AI-driven SaaS solutions, APIs, and any related services provided by Opportify.
  4. "Content:": Refers to all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials available through our services.

    5. The sections below will help you understand what you are buying when you subscribe for a plan, quota and how that transaction takes place on the Opportify platform.

2. Use of Services

  1. Eligibility: to access the services, the Customer must:
    1. Be at least 18 years of age;
    2. Possess the legal capacity to enter into binding agreements;
    3. If acting on behalf of an entity, have the authority to bind that entity to these Terms.
  2. Account Registration: access to certain features of the services may require registration. The Customer agrees to:
    1. Provide accurate and up-to-date information;
    2. Update information as necessary to maintain its accuracy; and
    3. Maintain the confidentiality of account credentials, accepting responsibility for all activities conducted under the account.
  3. License: Subject to your compliance with these Terms, Opportify grants the Customer a limited, non-exclusive, non-transferable, revocable license to use the services strictly for internal business purposes, contingent upon adherence to these Terms.
  4. Restrictions: the Customer agrees not to:
    1. Use the services for any unlawful or unauthorized purpose;
    2. Attempt to interfere with, reverse engineer, or disrupt the services or any related systems;
    3. Modify, adapt, hack, or interfere with the services;
    4. Transmit any viruses, harmful, or malicious code; or
    5. Infringe upon the intellectual property or other proprietary rights of Opportify or third parties.

3. Fees and Payment

  1. Fees: The Customer agrees to pay all fees as outlined in Opportify’s pricing terms. Fees are subject to adjustment, with prior notice provided in accordance with applicable laws.
  2. Payment Terms: All fees are payable in advance unless explicitly stated otherwise. If payment is not received or is disputed, Opportify reserves the right to suspend or terminate access to the services. The Customer remains responsible for all charges incurred prior to suspension or termination. The Customer authorize us to charge the provided payment method for all fees incurred under your account.
  3. Refunds: Refunds are governed byOpportify’s Refund Policy, which outlines the circumstances under which a refund may be requested and issued. By using the services, the Customer acknowledges and agrees to the terms of the Refund Policy.

4. Intellectual Property

  1. Ownership: Opportify retains all rights, title, and interest in the services, including all intellectual property and proprietary rights. Nothing in these Terms grants the Customer ownership or any rights beyond those expressly outlined.
  2. Feedback: Any suggestions, recommendations, or feedback provided by the Customer become the property of Opportify. The Customer agrees that Opportify may use such feedback without any obligation, financial or otherwise , and the Customer hereby grant Opportify a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate the Feedback.

5. Confidentiality

  1. Definition: "Confidential Information" encompasses non-public information disclosed by Opportify that is designated as confidential or reasonably understood to be so based on its nature or context.
  2. Obligations: The Customer agrees to:
    1. Protect and not disclose Confidential Information to third parties without prior written consent;
    2. Use Confidential Information solely for purposes related to the use of the services; and
    3. Return or destroy Confidential Information upon termination of the agreement or upon request.

6. Data Protection

  1. Data Processing: Personal data is processed in accordance with Opportify’s Privacy Policy. By using the services, the Customer consents to the processing of data as described in the Privacy Policy.
  2. Data Security: Opportify is committed to safeguarding Customer data and implements commercially reasonable technical and organizational measures to protect such data, including personal information, from unauthorized access, use, or disclosure. In the event of a security breach involving unauthorized access to or use of Customer data, Opportify will take prompt action to address the issue and will notify affected parties as required by applicable law.

7. Termination

  1. Termination by the Customer: The Customer may terminate their account through the designated “Account Cancellation” feature or by contacting Opportify support.
  2. Termination by Opportify: Opportify reserves the right to suspend or terminate access to the services for any reason, including but not limited to:
    1. Breach of these Terms;
    2. Non-payment of fees; or
    3. Engagement in activities harmful to Opportify or its services.
  3. Post-Termination Obligations: Upon termination:
    1. Access to the services will cease immediately;
    2. Any outstanding fees become due; and
    3. Provisions related to intellectual property, confidentiality, indemnification, and limitations of liability will survive termination.

8. Disclaimer of Warranties

  1. The services are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Opportify does not warrant that the services will be uninterrupted, error-free, or other harmful components.

9. Limitation of Liability

  1. To the maximum extent permitted by law, Opportify is not liable for:
    1. any indirect, incidental, special, consequential, or punitive damages; or
    2. any loss of profits or revenues, whether incurred directly or indirectly; or
    3. any loss of data, use, goodwill, or other intangible losses, resulting from your use or inability to use the services; or
    4. any unauthorized access to or use of our servers and/or any personal information stored therein; or
    5. any interruption or cessation of transmission to or from the services;
    6. any bugs, viruses, or the like that may be transmitted to or through the services by any third party; or
    7. any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the services, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Opportify has been advised of the possibility of such damages.
    8. Opportify’s total liability for claims is limited to the amount paid by the Customer for the services in the preceding 12 months.

10. Indemnification

  1. The Customer agrees to indemnify, defend, and hold harmless Opportify, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) that arise from:
    1. Use or misuse of the services;
    2. Breach of these Terms; or
    3. Infringement of third-party rights.

11. Governing Law and Dispute Resolution

  1. Governing Law: These Terms are governed by the laws of the State of Delaware, United States, excluding conflict of law principles.
  2. Dispute Resolution: All disputes shall be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in English, and decisions will be final and binding.

12. Changes to These Terms

  1. Opportify reserves the right to modify these Terms at any time. Changes will be effective upon posting or notification. Continued use of the services constitutes acceptance of the revised Terms.

13. Miscellaneous

  1. Entire Agreement: These Terms, together with thePrivacy Policy, constitute the entire agreement between The Customer and Opportify regarding the use of our services and supersede all prior agreements and understandings, whether written or oral, regarding the subject matter.
  2. Severability: If any provision of these Terms is deemed invalid or unenforce ble, the remaining provisions will continue to be valid and enforceable.
  3. Waiver: The failure of Opportify to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
  4. Assignment: The Customer may not assign or transfer your rights or obligations under these Terms without the prior written consent of Opportify. Opportify may assign or transfer its rights and obligations under these Terms without restriction.

14. Contact Us

For any questions or concerns, Opportify can be contacted at:

Email: legal@opportify.com

Address: 2093 Philadelphia Pike, Unit 1183, Claymont, DE 19703, USA

Thank you for using Opportify. We are committed to providing you with high-quality, secure, and innovative AI-driven SaaS solutions.