Terms of Service

1. ACCEPTANCE OF TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and OpsScaler ("Company," "we," "us," or "our") governing your access to and use of the website located at opsscaler.com (the "Site") and any related content, features, and services made available through the Site. By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site.

2. DESCRIPTION OF SERVICE

The Site is operated by the Company as an informational platform describing the Company's operational consulting services, diagnostic instruments, methodology, and charity program. The content available through the Site is provided for general informational purposes only and does not constitute an offer, solicitation, or commitment to provide specific services. Any consulting engagement between the Company and a client is governed by a separate written agreement executed by both parties; these Terms do not create or modify any such agreement.

3. USER REPRESENTATIONS AND WARRANTIES

By submitting information through any form on the Site, including without limitation the contact form, charity application, or operational maturity assessment, you represent and warrant that: (a) all information you provide is true, accurate, current, and complete to the best of your knowledge; (b) you have the legal authority to submit such information on behalf of any organization referenced; (c) you are of legal age to form a binding contract in your jurisdiction; and (d) your use of the Site will comply with all applicable laws and regulations.

4. INTELLECTUAL PROPERTY RIGHTS

All content appearing on the Site, including but not limited to text, graphics, logos, images, methodology descriptions, assessment questions, and underlying software code (collectively, the "Content"), is the exclusive property of the Company or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. You may quote brief excerpts of the Content with appropriate attribution for editorial, academic, or non-commercial commentary purposes, consistent with applicable fair use principles. Any other reproduction, distribution, modification, or commercial use of the Content requires the prior written consent of the Company.

5. ASSESSMENT RESULTS; NO PROFESSIONAL ADVICE

The operational maturity diagnostic provided through the Site (the "Assessment") generates directional output based on self-reported responses supplied by the User. The Assessment is provided for informational purposes only and does not constitute professional operational, legal, financial, tax, or business advice tailored to any particular User or organization. No representation or warranty is made that implementing any recommendation generated by the Assessment will produce any particular business outcome, and the Company shall not be responsible for any decision made or action taken in reliance upon the Assessment.

6. PROHIBITED CONDUCT

You agree that you will not, directly or indirectly:

(a) use the Site in any manner that violates any applicable federal, state, local, or international law or regulation; (b) transmit through the Site any unsolicited advertising, promotional materials, or other forms of solicitation; (c) impersonate any person or entity or misrepresent your affiliation with any person or entity; (d) interfere with, disrupt, or attempt to gain unauthorized access to the Site, its servers, or any systems connected to the Site; (e) collect, harvest, or scrape personal information of other users or any data from the Site without express written consent; (f) introduce any virus, worm, malware, or other malicious code into the Site; or (g) use any automated means to access the Site for purposes other than lawful indexing by recognized search engines.

7. THIRD-PARTY CONTENT; NO CLIENT IDENTIFICATION

The Site does not identify specific client organizations by name. References to client experience are made at the industry or category level only. This approach reflects a deliberate design choice of how the Company operates and is documented in the Company's public positioning materials. No part of the Site should be construed as endorsement by, or endorsement of, any specific third party.

8. DISCLAIMER OF WARRANTIES

THE SITE AND ALL CONTENT, MATERIALS, AND SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, OR COURSE OF PERFORMANCE. THE COMPANY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE SITE.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THE FOREGOING LIMITATION IS HELD UNENFORCEABLE, THE COMPANY'S AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US $100.00).

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of, or access to, the Site; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any intellectual property or privacy right; or (d) any claim that information you submitted caused damage to a third party.

11. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or your use of the Site shall be subject to the exclusive jurisdiction of the state and federal courts located in Texas, and you hereby consent to the personal jurisdiction of such courts.

12. MODIFICATIONS TO THESE TERMS

The Company reserves the right to modify these Terms at any time, in its sole discretion. Material modifications will be reflected by an updated Effective Date at the top of this page and summarized in the changelog at the end of these Terms. Your continued use of the Site following the posting of any modification constitutes your acceptance of the modified Terms. If you do not agree to the modifications, your sole remedy is to cease using the Site.

13. SEVERABILITY

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to render it valid and enforceable, or if such modification is not possible, severed from these Terms, and the remaining provisions shall continue in full force and effect.

14. NO WAIVER

The failure of the Company to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of the Company.

15. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding your use of the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, concerning the subject matter hereof.

16. CONTACT

Questions concerning these Terms should be directed to:

OpsScaler
Attention: Legal
contact@opsscaler.com