Terms and Conditions for Use of OpenOp
These Terms and Conditions (“Agreement”) govern your use of OpenOp, a cloud-based software application (“Service”) provided by MMA Consulting Engineers (“Supplier”, “We”, “Our”, or “Us”). By using the Service, you (“User”, “You”, “Your”) agree to comply with and be bound by this Agreement. If you do not agree with any part of these terms, please refrain from using the Service.
1. Account Registration & Access
1.1 Users must create an account to access the Service. Each account requires login credentials, including a username and password.
1.2 You are solely responsible for maintaining the confidentiality of your login details and for all activities that occur under your account. You agree not to share, transfer, or disclose your login credentials to any third party.
1.3 You agree to notify Us immediately if you suspect any unauthorized access or activity on your account.
2. Free Trial & Subscription
2.1 OpenOp offers a free trial period. During this trial period, you may access the full functionality of the Service without charge.
2.2 After the free trial, access to the Service will require a recurring subscription. The subscription will be billed via Stripe.com (refer to Section 6 for billing details).
2.3 The subscription is renewed automatically at the end of each billing period unless canceled by the User. You may cancel your subscription at any time via your account settings or by contacting support.
3. Use of the Service
3.1 You may upload files, process those files in the cloud, and download the result files, as provided by the functionality of the Service.
3.2 You agree to use the Service solely for lawful purposes and in accordance with this Agreement. You must not use the Service in any way that violates any applicable local, national, or international law or regulation.
4. System Errors and Limitations
4.1 While the Supplier strives to ensure the Service operates efficiently, the Service is provided “as is,” and We do not guarantee that it will be error-free, uninterrupted, or available at all times.
4.2 The Supplier is not liable for any errors, interruptions, or failures in the Service or any consequences arising from such issues, including errors in file processing or loss of data.
4.3 You acknowledge that any errors caused by the system are not the fault of the Supplier and agree to hold the Supplier harmless for any losses or damages resulting from such errors.
5. Termination of Service
5.1 The Supplier reserves the right to terminate or suspend the Service at any time, for any reason, with or without notice.
5.2 In the event of termination by the Supplier, any unused balance of your subscription will be refunded to you.
5.3 If You terminate your subscription or if your subscription is terminated for any reason, you will not be entitled to any refund for payments already made.
6. Charging and Billing
6.1 Billing for subscriptions is processed through Stripe.com. You authorize the Supplier to charge your payment method for the subscription fees at the applicable rates.
6.2 Any complaints or billing disputes regarding payments or charges should be directed to Stripe.com. The Supplier is not responsible for any billing issues that arise through Stripe.
7. Changes to Terms
7.1 The Supplier reserves the right to update or modify these Terms and Conditions at any time. You will be notified of significant changes, and your continued use of the Service will constitute acceptance of the updated terms.
7.2 It is your responsibility to review these Terms regularly to stay informed of any changes.
8. Limitation of Liability
8.1 To the fullest extent permitted by law, the Supplier’s liability for any claims arising out of the use of the Service, whether in contract, tort, or otherwise, is limited to the amount you have paid for the Service in the 12 months preceding the event giving rise to the claim.
9. Governing Law
9.1 This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the Supplier is incorporated, without regard to its conflict of law principles.
9.2 Any disputes arising out of or in connection with this Agreement shall be resolved in the courts of that jurisdiction.
By using the Service, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.
10. Data Processing and Privacy
By using OpenOp, you acknowledge and agree that your personal data, including images, scans, and other files uploaded to the platform, may be processed in accordance with the General Data Protection Regulation (GDPR). OpenOp will collect, store, and process personal data only as necessary to provide the service, and will implement appropriate technical and organizational measures to protect the data. We will not share your personal data with third parties, except where required by law or as part of the services provided. You retain full ownership of the files you upload, and may request access to, correction, or deletion of your personal data at any time by contacting us through our OpenOp support channels.
Contact Information: For any inquiries, please contact us through our OpenOp support channels.