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Terms of Service

Last Updated: April 5, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Opspawn, Inc. ("Opspawn," "we," "us," or "our") governing your access to and use of the Opspawn website at opspawn.com (the "Site"), as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto, and all services, software, tools, and other features provided by Opspawn (collectively, the "Services").

By accessing or using the Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use the Site or Services.

2. Eligibility

To access or use our Services, you must be at least 16 years old and have the legal capacity to enter into these Terms. By using our Services, you represent and warrant that you meet these requirements.

If you are using the Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" will refer to that entity.

3. Account Registration and Security

To access certain features of the Services, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete.

You are solely responsible for:

  • Maintaining the confidentiality of your account credentials
  • Restricting access to your account
  • All activities that occur under your account

You must notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.

4. Open Source Software

Our repositories are provided under specific open source licenses as indicated in each repository. Your use of such software is governed by the terms of the applicable open source license.

For software components released under open source licenses, the terms of those licenses will apply in lieu of the terms of this Agreement to the extent that these Terms conflict with the terms of the applicable open source license.

We make no warranties or representations with respect to open source software beyond those provided in the applicable open source license.

5. Intellectual Property Rights

5.1 Our Intellectual Property

The Site and Services, including their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Opspawn, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.2 License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Site and Services for your personal or internal business purposes. This license does not include any resale or commercial use of the Site or Services or their contents.

5.3 Restrictions

You may not:

  • Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Site or Services, except as expressly permitted
  • Use any data mining, robots, or similar data gathering or extraction methods
  • Decompile, disassemble, or reverse engineer any portion of the Site or Services
  • Remove any copyright, trademark, or other proprietary notices
  • Frame or mirror any part of the Site or Services without our express prior written consent
  • Use the Site or Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use

6. User Content

6.1 Definition

"User Content" means any content that you submit, post, upload, or otherwise make available through the Services, including but not limited to text, files, images, graphics, and feedback or suggestions.

6.2 Ownership

You retain all rights in, and are solely responsible for, the User Content you submit to the Services.

6.3 License to Opspawn

By submitting User Content, you grant Opspawn a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Services and Opspawn's business, including for promoting and redistributing part or all of the Services.

6.4 Representations and Warranties

You represent and warrant that:

  • You own or have the necessary rights to the User Content
  • The User Content does not violate the rights of any third party
  • The User Content complies with these Terms and all applicable laws

7. Prohibited Activities

You agree not to use the Site or Services to:

  • Violate any applicable law, regulation, or these Terms
  • Infringe the rights of any third party
  • Transmit any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, or otherwise objectionable
  • Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation
  • Transmit any material that contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software or hardware
  • Interfere with or disrupt the Services or servers or networks connected to the Services
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
  • Collect or store personal data about other users without their consent

8. Third-Party Services and Content

The Site and Services may contain links to third-party websites, services, or content that are not owned or controlled by Opspawn. We do not endorse or assume any responsibility for any such third-party sites, services, or content. If you access a third-party website, service, or content from the Site or Services, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such sites.

9. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OPSPAWN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

OPSPAWN DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OPSPAWN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SITE OR SERVICES OR THE CONTENT OF ANY SITES LINKED TO THE SITE OR SERVICES.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPSPAWN, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE OR SERVICES; (III) ANY CONTENT OBTAINED FROM THE SITE OR SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE SITE OR SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

11. Indemnification

You agree to defend, indemnify, and hold harmless Opspawn, its affiliates, and their respective officers, directors, employees, agents, suppliers, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site or Services, including, but not limited to, your User Content, any use of the Site or Services' content, services, and products other than as expressly authorized in these Terms.

12. Term and Termination

These Terms shall remain in full force and effect while you use the Site or Services. We may terminate or suspend your access to the Site or Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Site and Services will immediately cease.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law and Jurisdiction

These Terms and your use of the Site and Services shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site or Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Francisco and County of San Francisco. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

14. Arbitration

At our sole discretion, we may require you to submit any disputes arising from these Terms or your use of the Site or Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

15. Waiver and Severability

No waiver by Opspawn of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Opspawn to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

16. Entire Agreement

These Terms, our Privacy Policy, and any other agreements expressly incorporated by reference herein constitute the sole and entire agreement between you and Opspawn with respect to the Site and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site and Services.

17. Changes to Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site and Services thereafter. Your continued use of the Site or Services following the posting of revised Terms means that you accept and agree to the changes.

18. Contact Us

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

Email: legal@opspawn.com

Address: Opspawn, Inc.
123 AI Boulevard
San Francisco, CA 94105
United States