Terms of Service

These Terms of Service (“Agreement”) govern the use of the Services (as defined below) and are entered into between Operator Data, Inc. (“Operator.ai”) and Customer (as defined in the Order).


By accepting this Agreement, either by clicking a box indicating your acceptance, agreeing to an Order or other document that references this Agreement, by using (or making any payment for) the Services, or by otherwise indicating your acceptance of this Agreement, you: (1) agree to this Agreement on behalf of the organization, company, or other legal entity for which you act (“Customer”); and (2) represent that you have the authority to bind Customer to this Agreement. If you do not have such authority, or if you do not agree with this Agreement, you must not accept this Agreement and may not use the Services.


The parties agree as follows:

1. Definitions.

1. “Applicable Law” means all international, federal, state, provincial, and local laws, rules, regulations, binding regulatory guidance, directives, and governmental requirements applicable to the Services, or either party’s performance under this Agreement.

2. “Authorized Users” means employees and contractors of Customer for whom Customer has paid all applicable fees for access to and use of the Platform

3. “Confidential Information” means information that either party (“Discloser”) discloses to the other party (“Recipient”) under this Agreement and that is marked as confidential or would normally be considered confidential information under the circumstances. “Confidential Information” does not include
information that Recipient can document: (1) is independently developed by Recipient; (2) is rightfully given to Recipient by a third party without confidentiality obligations; or (3) becomes public through no fault of Recipient. Operator.ai’s Confidential Information includes the Documentation, and non-public information regarding features, functionality, and performance of the Platform. Customer’s Confidential Information
includes the Customer Data.

4. “Customer Data” means all non-public data and content uploaded by Customer or an Authorized User to the Platform or made available to Operator.ai by or on behalf of Customer in the course of providing the Services. “Customer Data” does not include Usage Data.

5. “Documentation” means user documentation, in all forms, relating to the Platform made available by Operator.ai (e.g., user manuals and online help files).

6. “Intellectual Property Rights” means all intellectual property and proprietary rights throughout the world, including patent rights (including utility models), copyrights, moral rights, trademark and service mark rights, trade secret rights, and any other similar proprietary or intellectual property rights.

7. “Order” means an ordering document or online order specifying the Services, including,
where applicable, the subscription plan, to be provided under this Agreement that is entered into between
Customer and Operator.ai (including any addenda and supplements thereto)

8. “Order Term” means the Order term length specified in the applicable Order.