Terms & condition

These “Terms” are a legal contract between you and OREOPS Framework Pvt Ltd. You must enter into a contract to use our “Platform” or “Services”. This includes the age requirement that you must be at least 18 years old to use it. These Terms include our Privacy Policy which can be accessed here ‘oreops.com/privacy’. We may change these Terms on occasion, and you accept the amended Terms as you continue to use the Platform.

The words “we”, “us” and “our” means OREOPS Framework Pvt Ltd. The words “you” and “your” refers to the person accessing or using the Services subject to these Terms. To the extent you access or use the Services as an employee, manager, member, or agent of any entity, you also accept these Terms on behalf of such employer, principal, or other entity.

These Terms govern your use of OREOPS’s website at oreops.com, (the “Site”) and your access to and use of our application and workflow building, hosting, code generation, and management platform (the “Platform”). Except where specifically noted below, all references to the Platform include the Site as well. OREOPS’s Privacy Policy is incorporated to these Terms by reference and describes how we collect, use, and protect information about individuals.

The Terms don’t apply to sites and services operated by other companies that you have access through the Platform. Any legal claim involving these Terms, the site, or the services will be settled by arbitration, not through a trial in front of a judge or jury, or through a class-action lawsuit.

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING ANY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS, AS THEY MAY BE MODIFIED OR AMENDED FROM TIME TO TIME BY OREOPS IN ITS DISCRETION. ANY SUCH AMENDMENTS TO THESE TERMS BECOME EFFECTIVE AT THE TIME THEY ARE POSTED TO THE SITE, AND EACH TIME YOU ACCESS OR USE ANY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AS AMENDED. IF YOU DO NOT AGREE, YOU SHOULD DISCONTINUE USE OF THE SITE AND ALL OTHER SERVICES IMMEDIATELY.

1.INTRODUCTION

a. By accessing or using the Platform, you represent and warrant that you have the legal rights to do so, meet the age requirement, and have the power to enter into a binding contract with us – either for yourself or ‘on behalf of the entity” not required on whose behalf you are using the Platform. YOU ARE REQUIRED TO AFFIRMATIVELY ACCEPT THESE TERMS AT THE TIME OF INITIAL SIGNING TO ACCESS THE PLATFORM.

b. These Terms do not apply to any third-party websites, Services, and applications (“Third Party Services”) that you may access through the Platforms , such as payment processors or messaging applications. We are not responsible for the content or practices of Third-Party Services and provide links to Third-Party Services only for the convenience of our users. We encourage you to carefully review the terms of service of any Third-Party Services you access through the Platform.

c. We may change these Terms at any time. When we do so, we will make a new copy of the Terms available on this page and will also inform you through email about the changes. Any changes to the Terms will be effective immediately for new and existing users after notice of such changes is posted.

You may contact us using the contact form on oreops.com/company or write us at [email protected] with any questions you have about these Terms, the Platform, or our other services.

2.PLATFORM LICENSE

You can use the Platform to build and host an application or site that you make available to others (an “OREOPS Application or a Site”). Any other use of the Platform, or attempt to copy or damage the Platform, is prohibited, and we may suspend or terminate your account in such event. You may pay an additional fee to access additional features that expand the functionality of the Platform or OREOPS Sites.

License

Subject to these Terms, OREOPS grants you a non-exclusive, non-transferable, non-sublicensable, limited, and revocable license to: (i) access and use the functionality of the Platform to build, Host, and manage websites and other Internet-based services (collectively, an “OREOPS Application or a site”) that may be available to members of the general public (each such individual accessing an OREOPS Site, an “End User”). The license granted in this includes the right to access, use, and make a reasonable number of copies of any written descriptions of the functionality, technical requirements, or use of the Platform (collectively, “Documentation”), and (ii) use any changes to the Platform that are available to all OREOPS clients at no additional cost (each, an “Update”) when each Update is available. Updates are applied automatically to the Platform. Documentation is available at oreops.com/documentation.html

Restrictions

Except as explicitly permitted in these Terms, you may not, directly or indirectly: (i) modify or create derivative works of the Platform; (ii) decompile, reverse engineer, or translate any portion of the Platform into human-readable form (except to the extent expressly allowed by applicable law); (iii) rent, lease, share, distribute, or sell the Platform to any third party, including on a service bureau or similar basis; (iv) remove, alter or deface proprietary notices or marks in the Platform or Documentation; (v) disclose the results of testing or benchmarking of the Platform; (vi) circumvent or disable the Platform’s security, copyright protection, or license management mechanisms, (vii) interfere with the Platform’s operation; (viii) use the Platform to violate the law or the rights of any third party, or (ix) attempt to do any of the foregoing. OREOPS may take any actions it deems reasonable, including denying access to Users, suspending an OREOPS application or a Site, or terminating your Subscription.

Additional Feature

An “Add-On” is an optional Platform feature available for an additional fee. Add-Ons are not required for the proper functioning of the Platform, may be subject to additional terms, and may be added to an existing subscription to the Platform. Add-Ons may include integrations for Third Party Services. there are additional terms for Add-Ons, you must accept such additional terms before accessing the Add-On.

3.USE OF THE PLATFORM

You must create an account to access the Platform’s application creation features. You are responsible for keeping your account credentials secure, for all acts that occur under your account, and for the acts of anyone who accesses the Platform on your behalf. You may use the Platform to create applications for your customers. You can’t use the Platform for illegal purposes, to post pornography or hateful content, harass others, or do anything else your mother would not approve of.

a. Accounts

To access the Platform’s application creation and management tools you must create an account (an “Account”). Every individual with such access is a “Direct User” (as opposed to End Users, who are visitors to OREOPS applications or sites) and, unless the circumstances clearly Indicate otherwise, all references to “you” in this Agreement apply to Direct Users. When you create or update an Account, you must provide information that lets us contact you and (if you are signing up for a Paid Subscription) process payments through our third-party payment processor. All personal information that we collect in relation to your Account is subject to our Privacy Policy; information collected by the payment processor is subject to their equivalent policy. You agree to keep all Account information accurate, current and complete as long as you use the Platform.

b. Security

Each Direct User must establish login credentials to access the Platform and is responsible for maintaining the confidentiality of such credentials. You must immediately inform OREOPS of any suspected unauthorized use of the Platform. OREOPS cannot and will not be liable for any loss or damage arising from a failure to safeguard Account credentials or unauthorized use of such credentials.

c. Acceptable Use

In addition to the restrictions, you and your Direct Users may not use the Platform in any way that does not comply with OREOPS’s Acceptable Use Policy, which is incorporated to these Terms by reference(oreops.com/acceptable-use-policy).

4.OREOPS OBLIGATIONS

We strive to keep the Platform available 24/7/365 but may suspend access for maintenance or to protect it from attacks or other threats. We protect the Platform with robust physical network, and data security measures. Online support for the Platform is available at oreops.com/documentation.html, and paid users have access to email support.

a. Availability

OREOPS will use commercially reasonable efforts to make the Platform available at all times, except for scheduled downtime and any unavailability caused by events beyond our reasonable control, such as fires, natural disasters, government actions, civil unrest, internet service provider failures or delays, or denial of service attacks that would not be stopped by the use of standard security measures.

b. Security

OREOPS will employ industry-standard technical, logical, and physical security measures and practices for the Platform and any OREOPS systems on which Direct User Content is stored or processed designed to preserve the security and integrity of, and prevent unauthorized access to the Platform, OREOPS applications and Sites, and Direct User Content.

c. Support

OREOPS will provide all Updates to the Platform and any Add-Ons applicable to your Account as and when they become available. Online documentation, community forums, manuals, and interactive training materials are available at all times at oreops.com/documentation.html. In addition, Direct Users with paid Subscriptions have access to email support at [email protected]. Support personnel respond to all emails during normal business hours (Weekdays from 9 AM-6 PM IST)

5.OREOPS SITES AND DIRECT USER CONTENT

You are responsible for all content and operation of any OREOPS Site you build, including the actions of any individual who accesses or uses your site. You must include terms that are at least as protective of OREOPS as these Terms on your site. We can remove any content on the Platform or an OREOPS Site that violates these Terms.

a. General

You are responsible for all text, images, photographs, or other materials provided or uploaded by you or Direct Users associated with your Account to the Platform or Site (“Direct User Content”). Direct User Content includes all content of OREOPS Sites, the design and workflow of an OREOPS Site, all data generated by or submitted to an OREOPS Site (including information relating to End Users), any templates or plugins you make available through the OREOPS Marketplace, and any comments, reviews, responses or other information posted in any user forums or the equivalent. AS BETWEEN YOU AND OREOPS, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT, OPERATION, AND MANAGEMENT OF ANY OREOPS SITE OR OTHER DIRECT USER CONTENT TO WHICH YOU HAVE ACCESS (INCLUDING IF SUCH DIRECT USER CONTENT WAS PRODUCED BY OTHERS OPERATING ON YOUR BEHALF, SUCH AS WHERE MULTIPLE DIRECT USERS HAVE ACCESS TO A SINGLE OREOPS SITE), AND YOU AGREE TO INDEMNIFY OREOPS FOR ANY CLAIMS, DAMAGES, COSTS, AND LIABILITIES ARISING FROM SUCH OREOPS SITE OR CONTENT. For each piece of Direct User Content that you submit, you represent and warrant that: (i) you have the right to submit the Direct User Content to the Platform and grant the licenses outlined in this Section ; (ii) if payment is required to any third party for the display of such Direct User Content that is licensed, you are solely responsible for all such payments and will indemnify OREOPS for any third party seeking licenses or other payments related to Direct User Content from OREOPS; (iii) the Direct User Content does not infringe, violate or misappropriate any third party’s rights, including any copyrights, trademarks or other intellectual property rights and privacy rights; and (iv) the Direct User Content complies with these Terms, the Acceptable Use Policy and all applicable laws.

b. End User Content and OREOPS Site Terms.

If End Users are allowed to post content on an OREOPS Site, such content will be deemed Direct User Content of the Direct User(s) who own the Account(s) associated with such OREOPS Site. Each OREOPS Site must include terms of use that are at least as protective of OREOPS, and grant the controller of the OREOPS Site the same rights with respect to removal and treatment of End User content that OREOPS has with respect to Direct User Content set forth in these Terms.

c. Review and Removal of Content.

OREOPS is not required to review Direct User Content but may determine, at our sole discretion, that certain Direct User Content violates these Terms. We may remove such content, suspend your Account, suspend access to the applicable OREOPS Site, or take any other steps that we deem appropriate in such a case. Where applicable, OREOPS may still collect subscription fees from suspended accounts. OREOPS does not guarantee the accuracy, reliability, or quality of Direct User Content. You acknowledge that by using the Platform or OREOPS Marketplace, or by visiting an OREOPS Site, you may be exposed to content that you may consider offensive, indecent or objectionable. If you believe that any content on the Platform infringes Third-party copyright, trademark, or other intellectual property rights, you may report the infringement.

d. License to OREOPS.

By posting, displaying, sharing or distributing Direct User Content on or through the Platform, you grant OREOPS, its affiliates, and any applicable Third Party Services a nonexclusive license to use such Direct User Content during the Term solely for the purpose of operating the Platform and providing related services. OREOPS is acquiring no rights in the Direct User Content except for the limited license set forth above.

e. Compliance and Preservation.

OREOPS may access, preserve and disclose Account information and/or Direct User Content if OREOPS is required to do so by applicable law or if we believe in good faith that such access, Preservation, or disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms, (iii) respond to claims that any Direct User Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of the Platform, OREOPS, our employees, directors or officers, partners and agents, or members of the public.

6.OWNERSHIP

We own the Platform and all information about its use that does not allow for the identification of individuals. You own your content. We may use any feedback you provide about the Platform or OREOPS without compensating you.

a. Platform

Aside from the limited license granted to you, OREOPS retains all rights, title, and interest in and to the Platform, Documentation, and all Updates. The Platform includes the OREOPS Marketplace (but not User Components).

b. Direct User Content.

Except for the limited licenses granted to the OREOPS Platform, as between the parties, you retain all rights, title, and interest in and to your Direct User Content. For the avoidance of doubt, you may re-use any Direct User Content, including OREOPS Site workflow and design, on other web platforms or media without restriction. Direct User Content includes User Components.

c. Usage Information.

OREOPS owns all data regarding installation, registration, and use of the Platform, and related to Platform performance, including response times, load averages, usage statistics, and activity logs, (collectively, “Usage Information”). Usage Information includes information about OREOPS Sites and User Components incorporated into OREOPS Sites. Usage Information does not include any personally identifiable information or End User Information but may include aggregated information derived from Direct User Content. Usage Information is used to contribute to analytical models used by OREOPS, to monitor and improve the Platform, and to perform OREOPS’s obligations under this Agreement.

d. Marks.

You and OREOPS each retain all rights, title and interest in and to their respective trademarks, service marks, logos, name, branding, and equivalent identifiers (“Marks”). You grant OREOPS a limited, non-exclusive, non-transferable, sublicensable right to use your Marks on the Platform and as otherwise required to fulfill its obligations hereunder, consistent with your standard guidelines regarding the use of the Marks. Except for the reproduction of OREOPS Marks as permitted herein (i.e., promotion of the OREOPS Platform on your site), you may not use OREOPS Marks for any purposes, including in a way that suggests you are or endorsed by or associated with OREOPS in anything other than a customer relationship, or connection with the marketing of, your OREOPS Sites or other services related to OREOPS. All permitted use of a party’s Marks hereunder will inure to the benefit of the owning party.

e. Feedback.

Any feedback, comments, or suggestions you may provide regarding us, the Platform, or other services we offer (“Feedback”) is entirely voluntary and you hereby grant OREOPS a perpetual, irrevocable, and royalty-free right and license to use all Feedback in any lawful manner whatsoever, without any obligation to you.

7.THIRD PARTY MATERIAL

We may make content or services provided by third parties available through the Platform as a convenience to our users. We are not responsible for their content or services, and recommend that you review their terms before using it.

a. Third Party Services.

You are responsible for complying with the terms of use of all Third Party Services applicable to the use of the Platform. OREOPS is not responsible for the performance of Third Party Services. OREOPS will maintain compatibility of the Platform with Third Party Services accessed via the standard features of the Platform or Add-Ons as part of the support services.

b. Third Party Content.

OREOPS may make content from third parties, including data provided by Third Party Services (“Third Party Content”), available via the Platform. OREOPS is not responsible for the accuracy or completeness of Third Party Content. If OREOPS is required to remove Third Party Content, or is notified that certain Third Party Content may violate applicable law or third party rights, OREOPS may remove such Third Party Content without notice.

c. Open Source Software.

Certain items of code provided with or accessed via the Platform are subject to “open source” or “free software” licenses (“OSS”). OSS is not subject to these Terms. Instead, each item of OSS is licensed under the terms of the license that accompanies such OSS.

8.FEES

Any fees for Platform Subscriptions are due in advance, are automatically charged to your credit card, and will continue until cancelled. We will charge sales tax where applicable. We use other payment gateways to process payments and you must agree to their terms when entering payment information.

a. Subscription

Certain features of the Platform are only available with a paid access plan (a “Subscription”). Fees for Subscriptions (“Subscription Fees”) are due in advance for each billing period, with the initial payment due when you add a Subscription to your Account (the “Subscription Start Date”). All Subscription Fees and other payments or credits related to your Account (including those for OREOPS Marketplace purchases or sales) will be made in accordance with the charges and billing terms in effect when such payment is due or funds are received. You must provide us with a valid credit card or other payment methods that we accept (“Payment Provider”), before starting a Subscription. You will promptly update your Account if there is any change to your payment information. Your Payment Provider agreement, and not these Terms, govern your use of the designated credit card or online transaction account. By providing your payment information, you agree that we may invoice you for all fees and charges when they become due to us (and process all payments due to you as a seller) without additional notice or consent. We may change our fees and billing practices at any time, either by posting notice of such change on the Site or notifying you within the Platform, provided that any pre-paid fees for Services not yet completed will not be affected by such change.

b. Automatic Renewal.

Subscriptions will automatically renew at the rates then in effect until cancelled. By subscribing, you authorize us to charge your Payment Provider at the beginning of any subscription period. Upon renewal of your Subscription, if we do not receive payment from your Payment Provider, you will either pay all amounts due on your Account within fifteen (15) days of the date such payment was due or we may terminate your Subscription.

c. Cancellation

Subscriptions may be cancelled at any time by going to the “Plans and Billing Information” section of your “Account” page or by contacting us via email at [email protected]. Monthly Subscriptions may be terminated at any time. Annual Subscriptions will automatically renew for an additional year at the current price for the selected Services unless cancelled prior to the anniversary of the applicable Subscription Start Date. Cancelled Accounts will immediately lose access to paid features on the Platform and other paid OREOPS platforms upon cancellation, including connection with any custom domain you may have set up.

d. Tax

“Sales Tax” means any sales or use tax, and any equivalent tax measured by sales proceeds that we are required to pass through to our customers or to buyers on the Marketplace. Sales Tax is automatically calculated and added to all orders where applicable. To the extent applicable, all payments for the Services will be made free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to us will be your sole responsibility.

9.CONFIDENTIAL INFORMATION

We will each keep the other’s sensitive information safe, and only use it as necessary.

a. General

“Confidential Information” means non-public or proprietary information in any form disclosed by or on behalf of either party that (i) is marked or identified as “confidential” or with a similar designation, or (ii) by its nature or the circumstances of its disclosure ought reasonably to be treated as confidential. The Platform, Documentation, and Usage Information are OREOPS Confidential Information. Each party may have access to the other party’s Confidential Information as a result of this Agreement. Confidential Information is the sole property of the disclosing party.

b. Use

Each party will: (i) only use Confidential Information to fulfil its obligations hereunder; (ii) only provide access to Confidential Information on an “as-needed” basis to its personnel, agents, and/or consultants who are bound by obligations materially, and (iii) maintain Confidential Information using methods at least as protective as it uses to protect its own information of a similar nature, but in no event with less than a reasonable degree of care. The obligations in this Section will apply during and for three (3) years after the Term, except in the case of Confidential Information that is a trade secret, in which case the obligations will remain in effect as long as the trade secret is maintained.

c. Exceptions

Confidential Information does not include information that is: (i) publicly available when disclosed or becomes publicly available without fault of the recipient after disclosure; (ii) rightfully learned by the recipient from entities not bound to keep such information confidential, (iii) independently developed by the recipient; or (iv) approved for unrestricted disclosure by the disclosing party. In addition, a recipient may disclose the other party’s Confidential Information as required by court order or applicable law (provided that, to the extent legally permissible, the recipient promptly notifies the other party of such requirement and cooperates with the other party’s reasonable efforts to prevent or limit the scope of such disclosure, at the other party’s expense).

10.TERM AND TERMINATION

You may terminate these Terms at any time by cancelling your subscription and stopping use of the Platform. We may terminate them for your breach, including failure to pay.

a. Term

These Terms will remain in effect for so long as you access the Site or use the Platform (the “Term”).

b. Termination by OREOPS.

If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of these Terms, or if we are required to do so by law (e.g., where the provision of the Platform becomes unlawful), we may, immediately and without notice, suspend or terminate your Account. We will not be liable to you or any third party for any such termination, except that, if we stop offering the Platform where required to do so by law, we will refund any prepaid Subscription Fees for the remainder of the Term then in effect within thirty (30) days of the date of termination.

c. Termination by You.

Subscriptions may be cancelled at any time by going to the “Plans and Billing Information” section of your “Account” page or by contacting us via email at [email protected]. Following the termination date of your Subscription, these Terms will no longer apply to you unless (and only to the extent that) you access the Site.

d. Effect of Termination.

Upon expiration or termination of this Agreement for any reason, the rights and licenses granted under this Agreement will immediately terminate.

11.DISCLAIMER; LIMITATION OF LIABILITY; INDEMNIFICATION

The Platform is provided without any warranty. Our maximum liability to you under this Agreement is INR Rs.1000. You are responsible for all costs and damages we suffer as a result of your content or breach of these Terms.

a. WARRANTY. THE PLATFORM IS PROVIDED “AS IS” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. OREOPS MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PLATFORM, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. OREOPS DOES NOT WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR WORK WITHOUT INTERRUPTIONS.

b. LIMITATION OF LIABILITY. EXCEPT IN THE CASE OF GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY, IN NO EVENT WILL (a) OREOPS’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS (USD), OR (b) EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

c. INDEMNIFICATION. You will indemnify, defend and hold OREOPS harmless from any claim, action, suit or proceeding made or brought against OREOPS arising out of or related to (a) your breach of any term of this Agreement, or (b) Direct User Content.

12.INFRINGEMENT

We may remove content from the Platform or an OREOPS Site or application that users report as infringing the intellectual property rights of others, or that we believe does so.

a. General

OREOPS respects the intellectual property rights of others and we expect our users to do the same. If you are a copyright owner and believe a user of the Platform or operator of an OREOPS Site is infringing your copyright or the copyright of any third party, please notify our designated copyright agent in writing at the following address: [email protected]

b. Notice Requirements.

Each notification must include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly infringed, (ii) a description of the work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works, (iii) identification of the material that is claimed to be infringing, and information reasonably sufficient to permit OREOPS to locate the material, (iv) information reasonably sufficient to permit OREOPS to contact you, such as an address, telephone number, and email address, (v) a written statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a statement made under penalty of perjury that the information in the notification is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

c. Trademarks.

The above process may be used to inform us of potential or suspected violations of other intellectual property rights, including unauthorized use of trademarked material.

d. Rights and Remedies.

We may remove Direct User Content and other content on the Platform alleged to be infringing and terminate the rights to use the Platform by any Direct User who infringes the intellectual property rights of another person or entity, in each case without prior notice and at our sole discretion.

13.DISPUTE RESOLUTION

Any dispute about the Platform or the Terms will be settled by arbitration, not a trial in front of a judge or jury, or through a class-action lawsuit.

a. Governing Law. These Terms, for all purposes, will be governed and interpreted according to the laws of India, without giving effect to its conflicts of laws’ provisions that would require a different result.

b. Arbitration. Any dispute that may not be brought in small claims court will be resolved by binding and confidential arbitration conducted in the English language, in India.

YOU ARE GIVING UP YOUR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY FOR ANY DISPUTE ARISING UNDER THESE TERMS, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE AS ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.

ANY CLAIMS BROUGHT BY EITHER PARTY MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.

You have the right to opt-out of the provisions of this Section (for purposes of this Section only, the “Arbitration Agreement”) requiring and governing arbitration by sending written notice of your decision to opt-out to the following address: [email protected], within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Account username (if any), the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt-out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you.

Any arbitration award will be final and binding upon the parties without appeal or review except as permitted by Indian law. Each party will bear its own costs with respect to the arbitration procedure.

c. Enforceability. If any part of the Section is deemed to be invalid or unenforceable for any reason then the balance of this Section will remain in effect.

14.MISCELLANEOUS

a. Assignment

You may not assign these Terms or any rights or obligations without OREOPS’s prior written consent. Subject to the foregoing, these Terms will inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. Any attempted assignment in violation of this Section will be null and void.

b. Export Regulations

The Platform may be subject to export laws and regulations of India and other jurisdictions. You represent that you are not named on any Indian government denied-party list. You will not permit Direct Users to access or use the Platform in an India -embargoed country or violation of any Indian export law or regulation.

c. Indian Government Restricted Rights.

OREOPS provides the Platform, including related software and technology, for ultimate federal government end use solely in accordance with the following: Government technical data and software rights related to the Services include only those rights customarily provided to the public as defined in these Terms. If a government agency needs rights not conveyed under these Terms, it must negotiate with OREOPS to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be included in any applicable contract or agreement.

d. Severability.

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the remaining provisions will remain in full force and effect.

e. Attribution

We may identify you as a client in standard marketing materials, including the customer page of the Site.

f. Waiver.

The waiver of a breach of any term hereof will in no way be construed as a waiver of any other term or breach hereof Entire Agreement; Modification. These Terms are the entire understanding of the parties with respect to their subject matter and supersede any previous or contemporaneous communications, whether oral or written. These Terms may be modified or in a writing signed by both parties.

g. Headings and Interpretation.

Headings and the summary explanations at the beginning of each Section of these Terms are for reference only and do not affect the parties’ rights and obligations hereunder. As used herein, “may” means “has the right, but not the obligation, to”; “includes” and its variations mean “includes, but is not limited to”; and “days” means calendar days, provided that obligations that would be due on a weekend or holiday will be due on the next business day following such weekend or holiday.

BY CLICKING THE “I AGREE” BUTTON, YOU ARE INDICATING THAT YOU HAVE READ AND CONSENT TO BE BOUND BY THESE TERMS. IF YOU HAVE NOT READ THESE TERMS, OR YOU DO NOT AGREE TO BE LEGALLY BOUND BY THEM, CLICK “I DON’T AGREE” AND DO NOT USE THE PLATFORM.