Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and 2413189 Ontario Inc., operating as OpsLink ("OpsLink," "we," "us," or "our"), governing your access to and use of the OpsLink platform available at operations-link.com and all related services, applications, and APIs (collectively, the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are accepting these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you must not access or use the Service.

2. Definitions

• "Account" means the user account you create to access and use the Service.
• "Content" means any data, text, files, documents, images, or other materials you upload, submit, or transmit through the Service.
• "Customer Data" means all electronic data, information, or materials submitted by you or your authorized users to the Service, including but not limited to project records, client information, financial data, HR records, and communications.
• "Subscription" means the paid plan you select to access the Service, as described on our pricing page.
• "Tenant" means the organizational workspace created within the Service, associated with a single subscribing entity and its authorized users.
• "AI Features" means the artificial intelligence capabilities of the Service, including but not limited to Aria (voice AI agent), Nova (dashboard AI assistant), AI-powered meeting minutes, and the AI chat widget.

3. Description of Service

OpsLink is a multi-tenant business management platform designed for construction and operations companies. The Service includes project management, client relationship management (CRM), financial tracking, human resources management, team collaboration, communication tools, analytics, and AI-powered features.

The Service is provided as a cloud-hosted Software-as-a-Service (SaaS) platform. Infrastructure is hosted on Hetzner Cloud in Helsinki, Finland (European Union).

4. Account Registration

To use the Service, you must create an Account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your Account information to keep it accurate and complete.
• Maintain the security and confidentiality of your login credentials.
• Accept responsibility for all activities that occur under your Account.
• Notify us immediately at security@operations-link.com if you suspect unauthorized access to your Account.

You must be at least 18 years of age to create an Account. We reserve the right to suspend or terminate Accounts that contain inaccurate information or that violate these Terms.

5. Subscription Plans and Pricing

The Service is offered under tiered subscription plans (Starter, Growth, Professional, and Enterprise) as described on our pricing page. Features, user limits, and storage allocations vary by plan.

Pricing is quoted in US dollars (USD) and is subject to change. We will provide at least 30 days' written notice before any price increase takes effect for existing subscribers. Price changes do not apply to the current billing period.

Enterprise plan pricing is determined on a per-customer basis and governed by a separate order form or service agreement.

6. Free Trial

We offer a 14-day free trial of the Service. No credit card is required to start a free trial. During the trial period, you will have access to the features of the plan you select.

At the end of the trial period, if you do not subscribe to a paid plan, your access to the Service will be suspended. Your data will be retained for 30 days following trial expiration, after which it may be permanently deleted.

7. Payment Terms

Subscription fees are billed in advance on a monthly or annual basis, depending on the billing cycle you select. Annual subscriptions are billed as a single payment for the full year at the discounted annual rate.

Payment processing is handled by Airwallex, our third-party payment processor. By subscribing to the Service, you agree to Airwallex's terms of service and authorize us to charge the payment method you provide for the applicable subscription fees.

If a payment fails, we will notify you and provide a 7-day grace period to update your payment information. If payment is not received within the grace period, your access to the Service may be suspended.

All fees are exclusive of applicable taxes (including GST/HST, VAT, or sales tax), which will be added to your invoice as required by law.

8. Cancellation and Refunds

You may cancel your Subscription at any time through your Account settings or by contacting us at sales@operations-link.com. Cancellation takes effect at the end of the current billing period. You will retain access to the Service until that date.

No refunds will be provided for partial billing periods, unused time, or unused features. If you cancel an annual subscription, no pro-rated refund will be issued for the remaining months.

Upon cancellation, your Customer Data will be retained for 30 days to allow for data export. After 30 days, Customer Data may be permanently deleted. You may request a data export at any time before deletion by contacting support@operations-link.com.

9. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights.
• Upload or transmit malicious code, viruses, or any material designed to disrupt or damage the Service.
• Attempt to gain unauthorized access to the Service, other user accounts, or related systems and networks.
• Use the Service to store or transmit content that is unlawful, defamatory, harassing, or fraudulent.
• Resell, sublicense, or redistribute access to the Service without our prior written consent.
• Use automated tools (bots, scrapers, crawlers) to access the Service except through our published APIs.
• Circumvent or disable any security, authentication, or access control features of the Service.
• Use the AI Features to generate content that violates applicable law or third-party rights.
• Attempt to reverse-engineer, decompile, or extract the source code of the Service or its AI models.

We reserve the right to suspend or terminate your access to the Service, without prior notice, if we reasonably determine that you have violated this Acceptable Use Policy.

10. Intellectual Property

Our Property. The Service, including its software, design, architecture, documentation, trademarks, and all related intellectual property, is and remains the exclusive property of 2413189 Ontario Inc. These Terms do not grant you any right, title, or interest in the Service except for the limited right to use it in accordance with these Terms.

Your Content. You retain all ownership rights in your Customer Data. By using the Service, you grant us a limited, non-exclusive license to use, process, and store your Customer Data solely to the extent necessary to provide and improve the Service.

AI-Generated Content. Content generated by the AI Features based on your input is owned by you, subject to any applicable third-party intellectual property rights. We do not claim ownership of AI-generated outputs produced at your direction.

11. Data Processing and Privacy

Our collection, use, and handling of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the data practices described in the Privacy Policy.

We process Customer Data as a data processor on your behalf. You remain the data controller with respect to any personal data contained in your Customer Data. You are responsible for ensuring that your collection and use of personal data through the Service complies with all applicable privacy laws, including obtaining any necessary consents from individuals whose data you process through the Service.

For Enterprise plan customers, a Data Processing Agreement (DPA) is available upon request.

12. AI Features and Automated Processing

The Service includes AI-powered features that use third-party artificial intelligence models to process your data. Specifically:

• Aria (Voice AI Agent) and Nova (Dashboard AI Assistant) use xAI Grok as the large language model for generating responses to your queries.
• Text embeddings for search and memory features use OpenAI's text-embedding-3-small model.
• AI-powered meeting minutes transcription and summarization use xAI Grok for structured extraction.

When you use AI Features, your queries and relevant context are sent to these third-party AI providers for processing. AI-generated responses are not guaranteed to be accurate, complete, or error-free. You are responsible for reviewing and verifying any AI-generated content before relying on it for business decisions.

AI Features are optional. You may use the Service without activating or engaging with AI Features. Your use of AI Features is subject to per-tenant daily token budgets as described in your plan.

We do not use your Customer Data to train AI models. Your data is processed solely to generate responses to your specific queries.

13. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to scheduled maintenance, upgrades, or circumstances beyond our reasonable control.

We will make commercially reasonable efforts to provide advance notice of planned maintenance that may affect Service availability. Unscheduled downtime may occur without notice in the event of critical security updates or infrastructure emergencies.

Enterprise plan customers may be entitled to specific uptime commitments as set forth in their service agreement.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 2413189 ONTARIO INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100).

THE FOREGOING LIMITATIONS APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the fullest extent permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless 2413189 Ontario Inc. and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or third-party rights; or (d) any Customer Data you process through the Service.

16. Termination

Termination by You. You may terminate your Account at any time by cancelling your Subscription and contacting us at support@operations-link.com to request Account deletion.

Termination by Us. We may suspend or terminate your Account immediately, without prior notice, if: (a) you breach these Terms; (b) your Account is used for any unlawful purpose; (c) we are required to do so by law; or (d) we cease to offer the Service.

Effect of Termination. Upon termination, your right to use the Service ceases immediately. We will retain your Customer Data for 30 days following termination to allow for data export, after which it may be permanently deleted. Sections 10, 14, 15, 17, and 18 survive termination.

17. Dispute Resolution

In the event of a dispute arising out of or relating to these Terms or the Service, you and OpsLink agree to first attempt to resolve the dispute informally by contacting us at legal@operations-link.com. We will attempt to resolve the dispute within 30 days of receiving your notice.

If the dispute cannot be resolved informally within 30 days, either party may commence formal proceedings. You and OpsLink agree that any formal dispute resolution proceedings shall be conducted on an individual basis and not as a class action, collective action, or representative proceeding.

18. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any legal proceedings arising out of or relating to these Terms or the Service shall be brought exclusively in the courts of competent jurisdiction located in the Province of Ontario, Canada, and you consent to the personal jurisdiction of such courts.

19. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email (sent to the address associated with your Account) and by posting a notice within the Service at least 30 days before the changes take effect.

Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service and cancel your Subscription before the changes take effect.

20. General Provisions

Entire Agreement. These Terms, together with the Privacy Policy and any applicable order forms, constitute the entire agreement between you and OpsLink regarding the Service and supersede all prior agreements and understandings.

Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver. Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.

Force Majeure. We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, internet outages, or third-party service failures.

21. Contact Information

If you have questions about these Terms, contact us at: