Terms of Service
These Terms of Service ("Terms") govern your access to and use of the EquatorOps platform, APIs, and related services ("Services") provided by EquatorOps, Inc. ("EquatorOps," "we," "us," or "our"). By accessing or using the Services, you agree to be bound by these Terms.
1. Acceptance of Terms
By creating an account, accessing, or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
2. Account Responsibilities
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:
- Provide accurate and complete registration information.
- Keep your login credentials secure and not share them with unauthorized parties.
- Notify us immediately of any unauthorized access to your account.
- Ensure all users under your organization's account comply with these Terms.
3. Acceptable Use
You agree to use the Services only for lawful purposes and in accordance with these Terms. You may not:
- Use the Services to violate any applicable law or regulation.
- Attempt to gain unauthorized access to the Services, other accounts, or underlying systems.
- Interfere with or disrupt the integrity or performance of the Services.
- Reverse engineer, decompile, or disassemble any portion of the Services.
- Use the Services to transmit malware, spam, or other harmful content.
- Resell or sublicense access to the Services without our written consent.
4. Your Data
You retain all rights to the data you upload, input, or transmit through the Services ("Customer Data"). You grant EquatorOps a limited license to process Customer Data solely to provide the Services. We will not access, use, or disclose Customer Data except as necessary to deliver the Services, comply with law, or as described in our Privacy Policy.
You are responsible for the accuracy, quality, and legality of your Customer Data and for obtaining any necessary consents for its collection and processing.
5. Intellectual Property
The Services, including all software, APIs, documentation, designs, and content created by EquatorOps, are owned by EquatorOps and protected by intellectual property laws. These Terms do not grant you any right, title, or interest in the Services except for the limited right to use them as described herein.
We may use aggregated, anonymized data derived from your use of the Services for product improvement, benchmarking, and analytics, provided that such data cannot be used to identify you or your organization.
6. Service Availability
We strive to maintain high availability of the Services but do not guarantee uninterrupted or error-free operation. We may perform scheduled maintenance, deploy updates, or temporarily suspend services for operational reasons. We will make reasonable efforts to provide advance notice of planned maintenance.
Specific uptime commitments, if any, are defined in your service agreement or order form and are not governed by these general Terms.
7. Fees and Payment
Fees for the Services are specified in your order form or subscription agreement. All fees are non-refundable unless otherwise stated. We may update pricing with 30 days' notice. Overdue payments may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EQUATOROPS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO EQUATOROPS DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
9. Indemnification
You agree to indemnify and hold harmless EquatorOps, its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of the Services, your violation of these Terms, or your violation of any third-party rights.
10. Termination
Either party may terminate these Terms with 30 days' written notice. We may suspend or terminate your access immediately if you breach these Terms, engage in prohibited conduct, or fail to pay fees when due.
Upon termination, your right to access the Services ceases. You may request an export of your Customer Data within 30 days of termination. After that period, we will delete your Customer Data in accordance with our data retention practices.
11. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in Delaware.
12. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page, updating the "Last updated" date, and, where appropriate, sending you a notice via email. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.
13. Contact
For questions about these Terms, contact us at: