Terms of Service

Agreement to Terms

By accessing or using Opskernel's services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this service.

Eligibility

You must be at least 18 years old and capable of forming a binding contract to use our services. By using Opskernel, you represent and warrant that you meet these eligibility requirements.

Modifications

We reserve the right to modify these terms at any time. Material changes will be communicated via email or dashboard notification. Your continued use of the service after changes constitutes acceptance of the modified terms.

Service Description

Opskernel provides cloud-based infrastructure for deploying and managing autonomous AI agents. Our service includes compute instances, bot deployment capabilities, and integration with various AI models and platforms.

Acceptable Use

You agree to use our service only for lawful purposes and in accordance with these Terms. You must not use Opskernel to engage in any activity that is illegal, harmful, or violates the rights of others.

Prohibited Activities

You may not: (a) attempt to gain unauthorized access to our systems; (b) interfere with or disrupt the service; (c) use the service for cryptocurrency mining without explicit authorization; (d) deploy malicious software or conduct DDoS attacks; (e) violate any applicable laws or regulations; (f) infringe on intellectual property rights; or (g) abuse, harass, or harm other users.

Resource Limits

Your use is subject to the resource limitations of your selected plan. We reserve the right to suspend or throttle services that exceed fair use thresholds or negatively impact other users.

Account Creation

You must create an account to use our services. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate and current.

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

Account Termination

We reserve the right to suspend or terminate your account at any time for violations of these Terms, fraudulent activity, or any other reason we deem necessary to protect the service or other users.

Subscription Plans

Our services are offered through monthly subscription plans. Pricing and plan details are available on our pricing page and are subject to change with reasonable notice.

Payment Processing

All payments are processed through Stripe, our third-party payment processor. By providing payment information, you authorize us to charge the applicable fees to your payment method.

Billing Cycle

Subscriptions are billed on a recurring monthly basis. Your subscription will automatically renew unless you cancel before the next billing cycle.

Refund Policy

All sales are final. We do not offer refunds once computational resources have been allocated to your account. We may, at our sole discretion, provide refunds or credits for service outages or billing errors.

Failed Payments

If a payment fails, we will attempt to charge your payment method again. Continued payment failures may result in service suspension or account termination.

Taxes

You are responsible for all applicable taxes associated with your use of the service. Prices do not include applicable sales, use, or value-added taxes unless explicitly stated.

Opskernel Property

All content, features, and functionality of the Opskernel service, including but not limited to software, text, graphics, logos, and trademarks, are owned by Opskernel Technologies and protected by international copyright, trademark, and other intellectual property laws.

Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our service for your personal or business purposes in accordance with these Terms.

User Content Rights

You retain all rights to the content, data, and configurations you upload or create using our service. By using our service, you grant us a license to host, store, and process your content solely for the purpose of providing the service.

Your Responsibility

You are solely responsible for the content you deploy, store, or transmit through our service. You represent and warrant that you have all necessary rights to use such content and that it does not violate any laws or third-party rights.

Data Backup

While we maintain regular backups, you are responsible for maintaining your own backups of critical data. We are not liable for any data loss or corruption.

Content Monitoring

We reserve the right, but not the obligation, to monitor user content for compliance with these Terms and applicable laws. We may remove or disable access to content that violates these Terms.

Uptime

While we strive to provide reliable service, we do not guarantee uninterrupted availability. Our service is provided "as is" and "as available" without warranties of any kind.

Maintenance

We may perform scheduled or emergency maintenance that may temporarily interrupt service availability. We will provide advance notice of scheduled maintenance when possible.

Technical Support

We provide technical support as specified in your subscription plan. Support is provided via email and our dashboard ticketing system during business hours.

Service Changes

We reserve the right to modify, suspend, or discontinue any aspect of the service at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation of the service.

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPSKERNEL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Maximum Liability

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

You agree to indemnify, defend, and hold harmless Opskernel Technologies, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) your access to or use of the service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content you submit or deploy through the service.

Termination by You

You may terminate your account at any time through the dashboard settings. Termination does not relieve you of any payment obligations for the current billing period.

Termination by Us

We may suspend or terminate your access to the service immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms, non-payment, or fraudulent activity.

Effect of Termination

Upon termination, your right to use the service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Opskernel Technologies is registered, without regard to its conflict of law provisions.

Dispute Resolution

Any dispute arising out of or relating to these Terms or the service shall first be attempted to be resolved through good faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with applicable arbitration rules.

Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive your right to participate in class actions, class arbitrations, or representative actions.

External Integrations

Our service may integrate with or provide access to third-party services, APIs, and platforms (including AI models, chat platforms, and cloud providers). Your use of such third-party services is subject to their respective terms and conditions.

No Endorsement

We do not endorse, warrant, or assume responsibility for any third-party services. Any transactions or interactions you have with third parties are solely between you and the third party.

Entire Agreement

These Terms constitute the entire agreement between you and Opskernel regarding the use of the service and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

Force Majeure

We shall not be liable for any failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including acts of God, war, terrorism, natural disasters, or infrastructure failures.

If you have any questions about these Terms of Service, please contact us at: legal@opskernel.com or support@opskernel.com