DRAGOPS

Terms of Service

The terms and conditions governing the use of DRAGOPS.

These Terms of Service (the “Terms”) are a legal agreement between you (either as an individual or on behalf of an entity) and DRAGOPS (“Company,” “we,” or “us”) regarding your use of the DRAGOPS visual automation platform, including all associated websites, APIs, and services (collectively, the “Service”).

By accessing or using the Service, you agree to be bound by these Terms. If you are agreeing to these Terms on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind that entity and its affiliates to these Terms. If you do not have authority, or if you do not agree to these Terms, you may not use the Service.

1. Account Terms

You must provide accurate, complete, and current information when creating an account. You are responsible for safeguarding your account credentials and for all activity that occurs under your account. You must notify us immediately at [email protected] if you become aware of any unauthorized use of your account.

You must be at least 16 years of age to use the Service. If you are under 18, you must have your parent or legal guardian’s consent to use the Service.

Each account is for a single user. You may not share login credentials between multiple individuals. If you need multiple users, each must have their own account.

We reserve the right to suspend or terminate accounts that violate these Terms or that have been inactive for an extended period, with reasonable notice where practicable.

2. Use of the Service

DRAGOPS grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes in accordance with these Terms and any applicable subscription plan.

You agree not to:

  • Use the Service for any unlawful purpose or in violation of any applicable laws or regulations.
  • Attempt to gain unauthorized access to the Service, other accounts, or any related systems or networks.
  • Interfere with or disrupt the integrity or performance of the Service.
  • Reverse engineer, decompile, or disassemble any aspect of the Service, except as permitted by applicable law.
  • Use the Service to transmit malware, viruses, or any other malicious code.
  • Resell, sublicense, or redistribute access to the Service without our prior written consent.
  • Use the Service to build a competing product or service, or to benchmark the Service for competitive purposes.
  • Exceed any rate limits or usage quotas associated with your subscription plan.
  • Remove, alter, or obscure any proprietary notices or labels on the Service.

3. API Access

We may provide API access as part of the Service. API usage is subject to the rate limits, authentication requirements, and usage policies associated with your subscription plan. We reserve the right to modify API limits, throttle requests, or suspend API access at any time if we determine that usage threatens the stability or security of the Service.

4. Your Content

“Your Content” means any patterns, configurations, credentials, data, text, or other materials that you upload, create, store, or transmit through the Service. You retain ownership of Your Content.

By using the Service, you grant us a limited license to host, store, process, and display Your Content solely as necessary to provide the Service. This license terminates when you delete Your Content or close your account, except for copies retained in backups for a reasonable period.

You represent and warrant that you have all necessary rights to Your Content and that Your Content does not violate any third-party rights or applicable laws. We do not monitor or endorse Your Content, but we reserve the right to remove content that violates these Terms.

You are responsible for maintaining your own backups of Your Content. While we take reasonable measures to protect data stored in the Service, we are not liable for any loss or corruption of Your Content.

5. Aggregate and Anonymized Data

We may collect and use aggregated, anonymized, or de-identified data derived from your use of the Service for purposes including analytics, improving the Service, and generating industry benchmarks. Such data will not identify you or any individual user.

6. Payment and Billing

Certain features of the Service require a paid subscription. By subscribing to a paid plan, you agree to pay the applicable fees as described at the time of purchase.

  • Billing cycle. Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on your selected plan). Subscriptions automatically renew at the end of each billing cycle unless cancelled.
  • Price changes. We may change subscription fees with at least thirty (30) days’ notice. Price changes take effect at the start of your next billing cycle following the notice period.
  • Cancellation. You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. No refunds are provided for partial billing periods.
  • Failed payments. If payment fails, we may suspend access to paid features until payment is resolved. We may retry failed payment methods and may charge late fees on overdue balances.
  • Disputes. If you believe a charge is incorrect, you must contact us within sixty (60) days of the charge. Undisputed fees remain due regardless of any dispute.

All fees are non-refundable except as expressly stated in these Terms. All fees are exclusive of taxes, levies, and duties, which you are responsible for paying.

7. Free Tier

We may offer a free tier of the Service at our sole discretion. Free tier access may be limited in features, capacity, or usage. We reserve the right to modify, limit, or discontinue the free tier at any time without notice. The free tier is provided without any service level commitments.

8. Beta and Preview Features

We may offer beta, preview, or experimental features (“Beta Features”). Beta Features are provided “AS IS” without any warranty, service level commitment, or support obligation. We may modify or discontinue Beta Features at any time without notice. Beta Features may contain bugs, errors, or other issues and should not be relied upon for production workloads unless you accept these risks.

9. Intellectual Property

The Service, including all software, design, text, graphics, documentation, and other materials (excluding Your Content), is the property of DRAGOPS and is protected by intellectual property laws. These Terms do not grant you any right, title, or interest in the Service beyond the limited license described above.

10. Feedback

If you provide feedback, suggestions, or ideas about the Service (“Feedback”), you grant us a perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate such Feedback into the Service without obligation or compensation to you.

11. Confidentiality

Each party may disclose confidential information to the other in connection with these Terms (“Confidential Information”). Confidential Information includes non-public business, technical, or financial information disclosed by either party.

The receiving party agrees to: (a) protect Confidential Information using at least the same degree of care it uses for its own confidential information, but no less than reasonable care; (b) use Confidential Information only as necessary to fulfill its obligations or exercise its rights under these Terms; and (c) not disclose Confidential Information to third parties except to employees, contractors, or agents who need to know and are bound by confidentiality obligations at least as protective as these.

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party before disclosure; (c) is independently developed without use of Confidential Information; or (d) is rightfully received from a third party without restriction.

Either party may disclose Confidential Information if required by law or court order, provided it gives reasonable prior notice (where permitted) to allow the other party to seek a protective order.

12. Privacy and Data Protection

Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, and protect your information. By using the Service, you consent to the practices described in our Privacy Policy.

If you process personal data through the Service, you are responsible for ensuring that your use complies with applicable data protection laws, including obtaining any necessary consents from data subjects.

13. Security

You are responsible for configuring the Service securely, including managing access controls, credentials, and API keys. DRAGOPS is not liable for unauthorized access resulting from your failure to secure your account or integrations.

You must not submit sensitive data categories (such as payment card numbers, health records, or government identification numbers) to the Service unless specifically supported and documented for your subscription plan.

14. Third-Party Integrations

The Service may connect to third-party services and APIs through integrations. Your use of third-party integrations is subject to the respective third party’s terms and privacy policies. We are not responsible for the availability, accuracy, security, or practices of any third-party services.

You are responsible for providing valid credentials and authorizations for any third-party services you connect through the Service.

15. Automation Responsibility

You are solely responsible for the design, configuration, testing, and outcomes of any automations you build and run through the Service. DRAGOPS executes automations as configured by you and does not independently verify the intent or correctness of your configurations.

You are responsible for implementing appropriate safeguards in your automations, including testing in non-production environments before deploying to production.

16. Usage Limits

Your subscription plan may include limits on usage such as the number of automation executions, connected integrations, or stored patterns. If you exceed your plan limits, we may throttle or suspend functionality until the next billing cycle or until you upgrade to an appropriate plan. We will make reasonable efforts to notify you as you approach your plan limits.

17. Permitted Use

The Service is designed for business automation and operational workflows. You agree not to use the Service for any safety-critical application where a service interruption or misconfiguration could result in significant harm.

18. Availability and Support

We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable for scheduled maintenance (with reasonable advance notice), urgent maintenance, or circumstances beyond our control.

Support is provided in accordance with your subscription plan.

19. Suspension

We may suspend your access to the Service, in whole or in part, immediately and without prior notice if: (a) you breach these Terms; (b) your use poses a security risk to the Service or other users; (c) your use may subject us or any third party to liability; (d) your account has an overdue balance; or (e) required by law or regulation.

We will make reasonable efforts to notify you of any suspension and the reason for it. Suspension does not relieve you of your payment obligations.

20. Warranty

DRAGOPS warrants that the Service will perform in material conformance with its documentation during your subscription term. If you notify us of a reproducible non-conformance, our sole obligation and your exclusive remedy is, at our option, to: (a) correct the non-conformance within a commercially reasonable time; or (b) if we are unable to correct the non-conformance, terminate your subscription and provide a pro-rated refund of any prepaid fees for the unused portion.

You warrant that: (a) you have the authority to enter into these Terms; (b) Your Content does not infringe any third-party rights; and (c) your use of the Service complies with all applicable laws.

21. Disclaimers

EXCEPT FOR THE EXPRESS WARRANTY IN SECTION 20, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, DRAGOPS DISCLAIMS ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

DRAGOPS DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; OR (v) THE SERVICE WILL BE COMPATIBLE WITH ANY PARTICULAR PLATFORM OR THIRD-PARTY SERVICE.

22. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, DRAGOPS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF WHETHER DRAGOPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE TOTAL LIABILITY OF DRAGOPS EXCEED THE GREATER OF (a) THE AMOUNTS PAID BY YOU TO DRAGOPS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (b) ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

23. Indemnification

By you. You agree to indemnify, defend, and hold harmless DRAGOPS and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) Your Content; (c) your violation of these Terms; or (d) your violation of any third-party rights.

By DRAGOPS. DRAGOPS will indemnify, defend, and hold harmless you from and against any third-party claim that the Service infringes or misappropriates such third party’s intellectual property rights, and will pay any damages finally awarded or settlement amounts agreed to. If the Service becomes, or in our opinion is likely to become, the subject of an infringement claim, we may at our option: (a) obtain the right for you to continue using the Service; (b) modify the Service to make it non-infringing; or (c) if neither (a) nor (b) is commercially practicable, terminate your subscription and provide a pro-rated refund of any prepaid fees.

Exclusions. Our indemnification obligation does not apply to claims arising from: (a) Your Content; (b) your modification of the Service; (c) your combination of the Service with products or services not provided by us; or (d) your use of the Service in violation of these Terms.

Process. The indemnified party must: (a) promptly notify the indemnifying party of the claim; (b) give the indemnifying party sole control of the defense and settlement; and (c) provide reasonable cooperation at the indemnifying party’s expense. The indemnifying party may not settle a claim in a manner that imposes obligations on the indemnified party without prior written consent.

24. Term and Termination

These Terms are effective until terminated. You may terminate by closing your account. We may terminate or suspend your access to the Service with thirty (30) days’ notice, or immediately without notice if you breach these Terms.

Upon termination, your right to use the Service ceases immediately. We will make Your Content available for export for thirty (30) days following termination, after which it may be permanently deleted.

If we terminate your account without cause, we will provide a pro-rated refund of any prepaid fees for the unused portion of your subscription.

Provisions that by their nature should survive termination will survive, including intellectual property, confidentiality, warranty disclaimers, indemnification, and limitations of liability.

25. Export Controls

You represent that you are not located in, or a resident or national of, any country subject to U.S. trade sanctions or embargoes, and that you are not on any U.S. government restricted party list. You agree to comply with all applicable export control laws and regulations in your use of the Service.

26. Force Majeure

Neither party will be liable for any failure or delay in performing its obligations (other than payment obligations) due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of government, pandemics, power or telecommunications failures, or third-party hosting provider outages. If a force majeure event continues for more than thirty (30) days, either party may terminate the affected subscription upon written notice.

27. Electronic Communications

By creating an account, you consent to receive communications from us electronically, including by email and through notifications posted within the Service. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing. You are responsible for keeping your email address current.

28. Publicity

We may identify you as a DRAGOPS customer in our marketing materials, website, and investor communications, using your name and logo. You may opt out of this by contacting us at [email protected].

29. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service at least thirty (30) days prior to the changes taking effect. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms. If you do not agree with the revised Terms, you must stop using the Service before they take effect.

30. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of the State of Kansas, USA, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any legal action arising out of or related to these Terms must be brought exclusively in the state or federal courts located in Sedgwick County, Kansas, USA, and each party consents to the personal jurisdiction of such courts.

31. General

  • Entire agreement. These Terms, together with our Privacy Policy and any applicable subscription or order terms, constitute the entire agreement between you and DRAGOPS regarding the Service and supersede all prior agreements relating to the subject matter.
  • Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force and effect.
  • No waiver. The failure of DRAGOPS to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
  • Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.
  • Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.
  • No third-party beneficiaries. These Terms do not confer any rights on any third party.
  • Notices. Notices to you may be sent to the email address associated with your account. Notices to us must be sent to [email protected].

32. Contact

If you have questions about these Terms, contact us at [email protected].