Terms of Service

Welcome to Service Opus. These Terms of Service ("Terms") together with any order form ("Order Form") that incorporates these Terms (collectively, the "Agreement") represent a binding legal agreement between you and Service Opus, Inc. ("Service Opus", "we", "us", or "our"), regarding your use of the Service Opus proprietary online platform for field service business management, related mobile applications, customer portal integrations (CP.serviceopus.com), public booking tools, and related technologies (collectively, the "Service").

By accessing or using the Service, you accept these Terms and agree to use the Service in compliance with them. If you are registering for an account or using the Service on behalf of a company or other legal entity ("Corporate Entity"), you represent and warrant that you have the authority to bind that Corporate Entity to the Agreement (in which case, "Customer", "you", and "your" will refer to that Corporate Entity). Service Opus's direct competitors are strictly prohibited from accessing or using the Service.

1. Account Registration and Eligibility

A. Accounts and Authorized Users

You must register for and maintain an active account with us to use the Service. You must provide accurate and complete information and promptly update this information. Only your employees or contractors who are authorized by you to access the Service using a unique login credential ("Authorized Users") may use your account. You are responsible for all activities that occur through your account and for maintaining the security of all login credentials. You must notify us immediately of any suspected unauthorized use of your account or security breach.

B. Eligibility

You must be at least the age of majority in the jurisdiction where you live (typically 18 or 19 years old) to use the Service. By entering into the Agreement, you represent and warrant that you meet this age requirement, have not been previously suspended or removed from the Service, and that your registration complies with all applicable laws.

C. Corporate Entities and Affiliates

If you are a Corporate Entity, you may allow Authorized Users working for your Affiliates (entities under common control) to use the Service under your subscription, provided they operate in the service of a single business. You remain fully liable for all acts and omissions of your Authorized Users and Affiliates. "Affiliate" means any entity that, directly or indirectly, controls, is controlled by, or is under common control with the subject entity.

D. User Specifications

• Field User: A natural person affiliated with your business who is assigned primary responsibility for performing field jobs, serves in a leadership role on an install crew, or to whose activities revenue is directly attributed (e.g., technicians, installers). Field User subscriptions cannot be shared or unassigned without our written approval.
• Office User / Administrative User: A natural person who provides administrative support (dispatchers, schedulers, customer support, office managers) and is not primarily responsible for performing field jobs. Office User counts may be limited based on your subscription tier.

2. Services and Licenses

A. Service License Grant

Subject to your compliance with the Agreement and payment of all applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right during the subscription term to: (i) access and use the Service solely for your internal business operations, and (ii) install and use object code copies of our mobile applications ("Mobile Apps") on compatible mobile devices that you own or control. Usage is strictly limited to the number of paid subscriptions in your account.

B. Beta and Early Access Features

From time to time, we may designate certain features or add-ons as "Preview," "Beta," "Evaluation," or "Early Access" ("Early Access Services"). Notwithstanding anything to the contrary, you may use Early Access Services solely for evaluation purposes. Early Access Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind. We may disable or discontinue Early Access Services at any time, for any reason, without notice.

C. Artificial Intelligence (AI Tools)

We may provide tools that utilize artificial intelligence, machine learning, or automated routing models ("AI Tools"). We make no warranties, express or implied, regarding the accuracy, completeness, or non-infringement of outputs generated by AI Tools. You are solely responsible for reviewing and verifying all AI-generated content (including pricing, customer messages, or schedules) before publishing or relying on it.

3. Support

Subject to your compliance with the Agreement and payment of all subscription fees, Service Opus will provide standard technical support in accordance with our published support policies, available via [email protected] or our online help desk.

4. Fees and Payment

A. Billing and Payment Terms

Fees are determined by your selected subscription package, user counts, and transaction volumes. Unless otherwise specified in an Order Form, all fees are billed in advance in U.S. Dollars and are non-refundable. Paid subscriptions are subject to any Minimum Subscription Level (minimum user counts) established in your Order Form. If no minimum is set, you must maintain at least one (1) active Field User subscription.

B. Price Adjustments

We reserve the right to determine and adjust pricing for the Service. For month-to-month subscriptions, we will provide at least thirty (30) days' advance notice of any price changes via email or direct notification within the Service. Price changes for fixed-term subscriptions will take effect upon renewal.

C. Taxes and Gateway Fees

You are responsible for paying all sales, use, excise, VAT, or other taxes, as well as regulatory access fees or carrier charges (e.g., per-message SMS fees). Final taxes and fees will be calculated based on your business location. Payment processing surcharges, direct mail fees, or optional gateway fees will be charged automatically to your payment method on file.

D. Delinquent Accounts

Unpaid balances will accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. If any payment is overdue, we reserve the right to suspend or terminate your access to the Service without notice. You are responsible for all collection fees and legal costs incurred in collecting unpaid balances.

5. Term and Termination

A. Subscription Term and Renewal

The term of the Agreement commences when you register or execute an Order Form and remains in effect for your subscription period. Month-to-month subscriptions automatically renew for successive monthly terms unless either party provides at least thirty (30) days' written notice of non-renewal prior to the renewal date. Notice to [email protected] is deemed sufficient.

B. Suspension

We may immediately suspend your access to the Service if: (i) you violate the Agreement; (ii) we detect activities that pose a security risk to us or other users; (iii) you introduce malicious code or cause network interference; or (iv) we suspect the Service is being used for illegal purposes. Access will be restored only when the issue is resolved to our satisfaction.

C. Early Termination Fee

If you terminate a fixed-term Agreement prior to its expiration for convenience, or if we terminate the Agreement due to your uncured material breach, you will owe an early termination fee equal to all remaining payments due under the subscription commitment. This fee is a committed minimum usage charge and is not a penalty.

D. Customer Data and Export

"Customer Data" means electronic records, operational logs, job details, and customer information uploaded by you or your users. Upon termination, and for a period of sixty (60) days following the termination date ("Export Period"), we will make commercially reasonable efforts to export and provide your Customer Data in standard electronic format (e.g., SQL backup .BAK, MTF, or CSV format) upon request (fees may apply). After the Export Period, we have no obligation to maintain Customer Data and may delete it, except as legally required or retained in routine system backups.

6. Acceptable Use and Restrictions

You represent and warrant that you will comply with all applicable foreign, federal, state, and local laws when using the Service. You are solely responsible for obtaining any necessary consents and making required disclosures. Except as explicitly authorized in writing, you will not, and will not permit others to:

• Use the Service for any illegal, harassing, threatening, or fraudulent purpose.
• Infringe or misappropriate any third-party intellectual property or privacy rights.
• Violate communication laws (such as CAN-SPAM, the Telephone Consumer Protection Act (TCPA), the FTC's Telemarketing Sales Rule, or Canada's Anti-Spam Legislation (CASL)), including requirements for opt-ins, do-not-call lists, and unsubscribe links.
• Import sensitive financial data (except as supported by billing fields), cardholder PINs, health records (HIPAA), or personal information of children under 18 years of age.
• Reverse engineer, decompile, disassemble, scrape, or attempt to extract source code from the Service.
• Interfere with security features, bypass access restrictions, or disrupt network performance.
• Build a competitive product or service, copy layouts, or replicate core workflows.

7. Ownership and Intellectual Property

The Service, Mobile Apps, documentation, databases, structures, and all Service Opus branding and trademarks are the exclusive property of Service Opus, Inc. and its licensors. Except for the limited access rights granted herein, nothing in the Agreement transfers any intellectual property rights to you.

8. Feedback

If you submit feedback, suggestions, feature requests, or product reviews, you grant us an unrestricted, perpetual, royalty-free license to use, modify, and implement your suggestions without compensation or credit to you.

9. Confidentiality

Each party agrees to protect the other's non-public business information, technology, product plans, and pricing terms ("Confidential Information") using the same degree of care it uses for its own confidential data (but not less than a reasonable standard). Confidential Information may only be disclosed to employees, advisors, or subcontractors who need to know and are bound by confidentiality obligations.

10. Warranties and Disclaimers

EXCEPT AS EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT, THE SERVICE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF MALICIOUS CODE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SERVICE OPUS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS INTERRUPTION. OUR CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE AGREEMENT WILL NOT EXCEED THE TOTAL FEES PAID BY YOU TO SERVICE OPUS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

12. Indemnity

You agree to defend, indemnify, and hold harmless Service Opus, Inc. and its affiliates, directors, officers, employees, and agents from and against all third-party claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (i) your Customer Data; (ii) your use of the Service; (iii) your breach of any representation or warranty in the Agreement; or (iv) your violation of applicable laws or third-party rights.

13. Dispute Resolution and Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Except for small claims court actions or intellectual property enforcement, you and Service Opus agree to resolve all disputes arising out of the Agreement through final, binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration will take place on an individual basis. CLASS ARBITRATIONS, CLASS ACTIONS, AND REPRESENTATIVE ACTIONS ARE NOT PERMITTED. YOU AND SERVICE OPUS AGREE TO WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

14. Governing Law and Jurisdiction

The Agreement is governed by the laws of the State of Delaware and the United States, without regard to conflict of law principles. Any legal action not subject to arbitration must be brought exclusively in the state or federal courts located in Wilmington, Delaware, and you consent to personal jurisdiction in those courts.

15. Integrations and Third-Party Services

The Service supports integrations with third-party software (e.g., QuickBooks Online, Xero, Stripe, Google Maps). We do not operate or control these third-party platforms and accept no responsibility or liability for their performance, uptime, or data handling. Enabled integrations are governed solely by the third-party providers' terms.

16. Mobile Application Distribution Channels

If you download our Mobile Apps from the Apple App Store or Google Play Store ("Distribution Channels"), you acknowledge that the Terms represent an agreement between you and Service Opus, not with Apple or Google. Apple and Google have no obligation to furnish maintenance or support for the Mobile Apps. You must comply with all applicable third-party terms of agreement when using the Mobile Apps.

17. Miscellaneous

The Agreement, including these Terms and any Order Forms, constitutes the entire agreement between you and Service Opus. If any provision is found invalid, it will be severed, and the remaining provisions will remain in full force. Our failure to enforce a right is not a waiver of that right. You may not assign your rights under the Agreement without our prior written consent.

18. Contact Information

For questions or notices regarding these Terms, please contact us at:

• Email: [email protected]
• Support Helpdesk: Support Center

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ATTACHMENT 1: FEATURE-SPECIFIC ADDITIONAL TERMS

A. Service Opus Telephony and SMS Services

If you use telephony, text messaging (SMS), or call tracking features, you agree to pay all carrier-imposed access charges, per-message rates, or regulatory fees passed through by us. You are responsible for ensuring that all call recording notifications are enabled to comply with local wiretapping laws. You represent that you have obtained explicit opt-in consent from all message recipients in compliance with TCPA and CTIA guidelines. Our telephony services do not support 9-1-1 emergency calls, and you must instruct your users to use native mobile dialers for emergency services.

B. Service Opus Payments

Payment processing services within Service Opus are provided by Stripe and are subject to the Stripe Connected Account Agreement. By enabling payments, you agree to comply with the Stripe terms and pay all associated processing surcharges. You agree to maintain PCI DSS compliance for any cardholder data you handle and represent that you will not store raw CVV or PIN details on the platform.

C. Service Opus Marketing Pro

If you use automated marketing features (email campaigns, direct mail, lead generation), you represent that you own or have licensed all contact records used in campaigns. You must maintain opt-out and unsubscribe lists and immediately cease contacting individuals who opt out. You represent that your marketing content is truthful, non-deceptive, and complies with FTC guidelines.

D. Service Opus Fleet and GPS Tracking

If you install GPS hardware or use location tracking features in our Mobile Apps, you represent that you have notified your technicians, employees, and subcontractors that their location, speed, and driving behavior are tracked during work hours, and that you have obtained any required consents under local employment and privacy laws.