These Terms and Conditions ("Terms") govern your access to and use of the Operexa platform, services, and website operated by Operexa Inc. By accessing or using our services, you agree to be bound by these Terms.
1. Acceptance of Terms
By accessing or using Operexa's services, you confirm that you are at least 18 years of age, have the legal authority to enter into this agreement on behalf of yourself or your organization, and agree to these Terms in their entirety. If you do not agree, you may not use our services.
2. Description of Services
Operexa provides an enterprise procurement and bid management platform including, but not limited to: bid lifecycle management, proposal collaboration tools, approval workflow automation, analytics and reporting dashboards, vendor management capabilities, and compliance management features. The specific features available to you depend on your subscription plan.
3. Account Registration
You must register for an account to use our services. You agree to provide accurate, current, and complete information and to update this information to keep it accurate. You are responsible for safeguarding your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorized use.
4. Subscription and Payment
Operexa offers subscription-based plans. By subscribing, you agree to pay the applicable fees as described on our pricing page. Fees are billed in advance on a monthly or annual basis. All fees are non-refundable except as expressly described in our Refund Policy. We reserve the right to change pricing with 30 days' written notice.
5. Intellectual Property
Operexa and its licensors own all rights, title, and interest in and to the Operexa platform, including all software, algorithms, design elements, trademarks, and documentation. You retain ownership of all data and content you upload to the platform. You grant Operexa a limited license to use your data solely to provide and improve our services.
6. Acceptable Use
You agree not to: (a) use our services for any unlawful purpose; (b) upload or transmit viruses or malicious code; (c) attempt to gain unauthorized access to our systems; (d) reverse engineer or decompile our software; (e) resell or redistribute our services without written authorization; (f) use our services to compete with Operexa; (g) violate any applicable export control laws.
7. Data and Privacy
Our collection and use of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. You represent that you have obtained all necessary consents to upload any third-party data to our platform and that such data does not violate any applicable law.
8. Confidentiality
Each party agrees to maintain the confidentiality of the other party's non-public information and not to disclose such information to any third party without prior written consent, except as required by law. This obligation survives termination of these Terms for a period of 5 years.
9. Service Level Agreement
operexa.iomits to a 99.9% monthly uptime target for production services. Scheduled maintenance windows will be communicated 72 hours in advance. In the event of uptime failure below the committed level, customers may be eligible for service credits as described in the applicable SLA documentation provided with Enterprise plans.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Operexa SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF OUR SERVICES. Operexa'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE TWELVE MONTHS PRECEDING THE CLAIM.
11. Indemnification
You agree to indemnify, defend, and hold harmless Operexa and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising from your use of our services, violation of these Terms, or infringement of any third-party rights.
12. Termination
Either party may terminate the subscription with 30 days' written notice. Operexa may terminate or suspend access immediately for material breach of these Terms. Upon termination, your access will be revoked and your data will be retained for 90 days before deletion, unless a shorter period is required by law.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the District of Columbia, United States, without regard to its conflict of law principles. Any disputes shall be resolved through binding arbitration in Washington, D.C.
14. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide 30 days' notice for material changes via email or in-platform notification. Your continued use after the effective date constitutes acceptance of the updated Terms.
15. Contact
For questions about these Terms, please contact us at legal@operexa.io or Operexa Inc., Washington, D.C., United States.