Terms of Use

These Terms of Use (the "Terms") are a legal agreement between Oppulence Software Inc. ("Oppulence," "we," "us") and the individual or entity accessing or using Oppulence’s subscription services, application programming interfaces, websites, and related materials (collectively, the "Services"). By using the Services you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or another legal entity, you represent that you have authority to bind that entity to these Terms. If you do not agree to all provisions below, you must not access or use the Services.

Oppulence is an early-stage company operated by a small engineering team. The Services are evolving rapidly and may change, pause, or discontinue without prior notice. We will use commercially reasonable efforts to communicate meaningful changes, but we do not make availability guarantees or service level commitments.

Eligibility and Account Registration

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services. You agree to provide accurate, current, and complete information when creating an account and to keep that information updated. You are responsible for all activities that occur under your account credentials and for maintaining the security of those credentials.

If you are using the Services on behalf of an organization, "you" includes that organization and you confirm that you have authority to bind it to these Terms. You remain responsible for compliance by anyone who accesses the Services through your account.

Subscriptions, Billing, and Taxes

Oppulence offers the Services on a subscription basis. Order forms, online checkouts, or other transaction documents (each an "Order") specify the subscription plan, functionality, pricing, billing interval, and any usage limits that apply. All fees are due in the currency and payment method specified in the Order and are non-refundable unless expressly stated otherwise in writing. Usage above stated limits may result in additional charges or upgrades.

Prices do not include taxes, duties, or government charges (collectively, "Taxes"). You are responsible for all Taxes associated with your subscription, except for taxes based on Oppulence’s income. Where required, we may collect and remit Taxes on your behalf. You agree to provide accurate tax information (e.g., VAT or tax identification numbers) when requested so we can comply with applicable law.

Subscriptions renew automatically at the end of each term for the same duration unless either party provides written notice of non-renewal at least ten (10) days before the end of the current term. We may adjust pricing or plan features for a renewal term by giving reasonable advance notice via email or the Services.

Permitted Use and Restrictions

You may use the Services solely for your internal business purposes and in accordance with these Terms, applicable laws, and any documentation Oppulence provides. You must not (a) copy, modify, or create derivative works of the Services; (b) reverse engineer or decompile the Services; (c) interfere with or disrupt the Service operation; (d) use the Services to develop a competing product; (e) send spam, malware, or unlawful content; or (f) use the Services in a way that infringes or misappropriates any third-party rights.

Oppulence may suspend or terminate access if it reasonably believes you have violated these restrictions or if your use poses security, legal, or reputational risk.

Customer Data and Privacy

"Customer Data" means data, content, or information submitted to the Services by or on behalf of you or your end users. You retain all rights to Customer Data. You grant Oppulence a limited, non-exclusive license to host, process, transmit, and display Customer Data solely to provide and improve the Services and to comply with law. You are responsible for obtaining any consents and permissions necessary for Oppulence’s use of Customer Data as described in these Terms.

Oppulence will implement commercially reasonable technical and organizational measures to safeguard Customer Data. However, you acknowledge that Oppulence is currently supported by a small engineering team, and no security measures are infallible. You agree to notify us promptly of any suspected unauthorized access to your account.

Oppulence’s processing of personal data is described in the Privacy Policy. If you require a data processing agreement (DPA), please contact support@oppulence.app.

Intellectual Property

Oppulence and its licensors retain all right, title, and interest in and to the Services, including all related intellectual property rights. Except for the limited license granted in these Terms, no rights are transferred to you. You may provide suggestions, ideas, or feedback regarding the Services ("Feedback"). Oppulence may use Feedback without any obligation to you.

Availability and Support

Oppulence provides the Services on an "as is" and "as available" basis. We do not warrant uninterrupted availability or error-free operation. Support requests can be submitted via support@oppulence.app. We strive to respond in a timely manner but cannot guarantee response times. Maintenance, product changes, or incidents may occur without notice while the team iterates on the Services.

Compliance and Third-Party Services

You are responsible for complying with all laws, regulations, and industry requirements applicable to your use of the Services (including payment network rules, sanctions regimes, and export controls). The Services may integrate with third-party products or services; Oppulence does not control those third parties and disclaims responsibility for their acts or omissions. Your use of third-party services is governed by those providers’ terms.

Term, Termination, and Data Export

These Terms remain in effect for as long as you use the Services or have an active subscription. Either party may terminate these Terms upon written notice if the other party materially breaches and fails to cure within thirty (30) days. Oppulence may also suspend or terminate the Services immediately if necessary for security or to comply with law.

Upon termination you must stop using the Services. Oppulence will make Customer Data available for export for thirty (30) days following termination, after which we may delete Customer Data in accordance with our retention policies. Certain provisions (including payment obligations, confidentiality, indemnities, limitations of liability, and dispute resolution) survive termination.

Confidentiality

Each party may disclose non-public information to the other that is identified as confidential or that reasonably should be considered confidential ("Confidential Information"). Each party agrees to protect the other’s Confidential Information with the same degree of care it uses to protect its own similar information, but no less than reasonable care. Confidential Information does not include information that becomes public through no fault of the receiving party, was known prior to disclosure, was independently developed, or was lawfully obtained from a third party. Either party may disclose Confidential Information to comply with law or court orders after providing notice (if legally permitted).

Disclaimers and Limitation of Liability

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPPULENCE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Because the Services are maintained by a small engineering team, you acknowledge that outages, delays, and defects may occur.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPPULENCE AND ITS SUPPLIERS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. OPPULENCE’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNT PAID BY YOU TO OPPULENCE FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

Indemnification

You agree to indemnify and hold harmless Oppulence, its affiliates, and their officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or related to (a) your use of the Services in violation of these Terms or applicable law, or (b) Customer Data or content you submit to the Services.

Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be determined by binding arbitration administered by the American Arbitration Association in San Francisco, California, under its Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

You may opt out of arbitration by sending a written notice to Oppulence Software Inc., 548 Market St PMB 61301, San Francisco, CA 94104-5401 within thirty (30) days of first accepting these Terms. Either party may seek injunctive or equitable relief in court for infringement or threat of infringement of intellectual property rights or unauthorized access to data.

TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING.

Changes to the Terms

Oppulence may update these Terms from time to time. Material changes will be communicated via email, in-product notifications, or by updating the "Last updated" date above. If you continue using the Services after the effective date of changes, you accept the revised Terms. If you do not agree, you must stop using the Services.

Contact

Questions about these Terms can be sent to support@oppulence.app.