Terms of Service — OpenPassive

1. Agreement to Terms

By accessing or using the OpenPassive website at openpassive.com (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service. These Terms constitute a legally binding agreement between you and OpenPassive ("we," "us," or "our").

2. Eligibility

You must be at least 16 years of age to use the Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

3. Account Registration

To access certain features of the Service, you may be required to create an account. When creating an account, you agree to:

Provide accurate, current, and complete information
Maintain and promptly update your account information to keep it accurate and complete
Maintain the security and confidentiality of your login credentials
Accept responsibility for all activities that occur under your account
Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account at our discretion, including for violation of these Terms.

4. Use of the Service

4.1 Permitted Use

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal or internal business purposes, subject to these Terms.

4.2 Prohibited Conduct

You agree not to:

Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
Interfere with or disrupt the Service, servers, or networks connected to the Service
Attempt to gain unauthorized access to any portion of the Service or any other systems or networks
Use the Service to transmit viruses, malware, or other harmful code
Scrape, crawl, or use automated means to access the Service without our express written permission
Impersonate any person or entity, or misrepresent your affiliation with any person or entity
Use the Service to send unsolicited communications (spam)
Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission
Engage in any activity that could damage, disable, overburden, or impair the Service

5. Intellectual Property

The Service and its original content, features, and functionality are owned by OpenPassive and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. Our trademarks, logos, and service marks may not be used without our prior written consent.

6. User Content

You may be able to submit, post, or share content through the Service ("User Content"). You retain ownership of your User Content, but by submitting it, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service and our business operations.

You represent and warrant that you own or have the necessary rights to submit your User Content and that it does not violate any third-party rights or applicable laws.

7. Third-Party Services and Links

The Service may integrate with or contain links to third-party websites, services, or applications, including but not limited to:

Google services (Analytics, Ads, Sign-In)
Facebook/Meta services (Login, Pixel, Ads)
Apple services (Sign in with Apple)
Payment processors (Stripe, PayPal, etc.)
Other social media platforms

We are not responsible for the content, privacy policies, or practices of any third-party services. Your use of such services is governed by their respective terms and policies. We encourage you to review them before using any third-party service.

8. Payment and Subscriptions

Certain features of the Service may require payment. By purchasing a subscription or making a payment, you agree to:

Pay all fees and charges associated with your account at the prices in effect when incurred
Provide valid and current payment information
Authorize us to charge your payment method for recurring subscriptions until cancelled

Subscriptions automatically renew unless cancelled before the renewal date. Refunds are handled in accordance with our refund policy, which may vary by product or service.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

ANY CONTENT, INFORMATION, OR ADVICE PROVIDED THROUGH THE SERVICE IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE FINANCIAL, INVESTMENT, LEGAL, OR PROFESSIONAL ADVICE. YOU SHOULD CONSULT QUALIFIED PROFESSIONALS BEFORE MAKING ANY FINANCIAL OR BUSINESS DECISIONS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPENPASSIVE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

Your access to or use of (or inability to access or use) the Service
Any conduct or content of any third party on the Service
Any content obtained from the Service
Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED US DOLLARS ($100), WHICHEVER IS GREATER.

11. Indemnification

You agree to indemnify, defend, and hold harmless OpenPassive and its officers, directors, employees, contractors, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

12. Termination

We may terminate or suspend your access to the Service at any time, with or without cause, with or without notice. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which OpenPassive operates, without regard to its conflict of law provisions. Any dispute arising from these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration in accordance with applicable arbitration rules.

14. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

16. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or agreements published by us on the Service, constitute the entire agreement between you and OpenPassive regarding the Service and supersede all prior agreements and understandings.

17. Contact Us

If you have any questions about these Terms, please contact us at:

Email: legal@openpassive.com
Website: openpassive.com