Terms of Service

1. Acceptance of Terms

By accessing or using the OpsPulse platform (“Service”), you agree to be bound by these Terms of Service (“Terms”). If you are agreeing on behalf of a business entity, you represent that you have authority to bind that entity. If you do not agree to these Terms, do not use the Service.

2. Description of Service

OpsPulse is a restaurant operations platform that provides task management, compliance tracking, food safety logging, and workforce accountability tools. The Service includes web-based dashboards, shared kiosk interfaces, and associated APIs.

3. Customer Responsibilities

As a Customer (restaurant operator), you are responsible for:

• Informing your team members about data collection and processing that occurs through OpsPulse, in compliance with applicable local employment and privacy laws.
• Managing team member accounts including creating, deactivating, and handling data subject requests from your employees.
• Ensuring lawful use of the Service in compliance with all applicable laws, including labor, employment, food safety, and data protection regulations in your jurisdiction.
• Maintaining account security including safeguarding admin credentials and managing access controls for your locations.
• Accurate information— providing accurate and up-to-date business and contact information.

4. Data Processing Roles

You (the Customer) are the data controller for all personal data relating to your team members. OpsPulse is the data processor, processing data solely on your behalf and in accordance with your instructions and our Data Processing Agreement. You are responsible for ensuring that your use of the Service complies with applicable data protection laws, including providing appropriate notices to and, where required, obtaining any necessary authorizations from your team members.

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the Service or its infrastructure
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service to collect biometric data without appropriate consent
• Resell, sublicense, or redistribute the Service without written permission

6. Intellectual Property

OpsPulse retains all rights, title, and interest in the Service, including all software, designs, and documentation. You retain all rights to the data you input into the Service. We do not claim ownership of your data. You grant us a limited license to process your data solely for the purpose of providing the Service.

7. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable for maintenance, updates, or due to circumstances beyond our control. We will provide reasonable notice of planned downtime when possible.

8. Limitation of Liability

To the maximum extent permitted by law, OpsPulse shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of the Service. Our total aggregate liability shall not exceed the amount you paid for the Service in the 12 months preceding the claim.

9. Termination

• By you: You may cancel your account at any time through the dashboard settings.
• By us: We may suspend or terminate your account for violation of these Terms, with notice when practicable.
• Data export: Upon termination, you may request an export of your data within 30 days. After 30 days, we will delete your data in accordance with our Privacy Policy.

10. Indemnification

You agree to indemnify and hold harmless OpsPulse from any claims, damages, or expenses arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party, including but not limited to employment and data protection laws applicable to your team members.

11. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes via email at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

12. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved in the courts of Delaware.

13. Contact

For questions about these Terms, contact us at legal@opspulse.app.