Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Openesia OS software platform and associated services (the "Service") operated by Openesia Ltd ("we," "our," or "us"). By creating an account or using the Service you agree to be bound by these Terms.

If you are using the Service on behalf of an organisation, you represent and warrant that you have authority to bind that organisation to these Terms.

1. Acceptance of Terms

By accessing or using Openesia OS, you confirm that you are at least 18 years old, have read and understood these Terms, and agree to be bound by them and by our Privacy Policy. If you do not agree, please do not use the Service.

2. Account Registration

You must register for an account to access the Service. You agree to provide accurate, current, and complete information and to keep your account credentials secure. You are responsible for all activity that occurs under your account.

We reserve the right to suspend or terminate accounts that provide false information, violate these Terms, or engage in fraudulent activity.

3. Use of the Service

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

• Use the Service in any way that violates applicable local, national, or international law or regulation.
• Attempt to gain unauthorised access to any part of the Service or its related systems.
• Transmit any unsolicited or unauthorised advertising or promotional material.
• Upload, store, or transmit any material that is defamatory, offensive, or otherwise objectionable.
• Reverse engineer, decompile, or disassemble any part of the Service.
• Use automated means (bots, scrapers, etc.) to access the Service without our prior written consent.

4. Subscription and Payment

Access to certain features requires a paid subscription. Subscription fees are billed in advance on a monthly or annual basis. All fees are non-refundable except where required by law or as expressly stated in these Terms.

We may change our pricing at any time. We will give you at least 30 days' notice of any price increase before it takes effect. Continued use of the Service after the effective date constitutes acceptance of the new pricing.

If payment fails, we may suspend your account until outstanding amounts are paid.

5. Free Trial

We may offer a free trial period. At the end of the free trial, your account will either be automatically upgraded to a paid plan (if you have provided payment details) or downgraded to a free tier. We will notify you before the trial ends.

6. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Openesia Ltd and its licensors. Our trademarks may not be used in connection with any product or service without our prior written consent.

You retain all rights to data and content you upload to the Service. By uploading content, you grant us a limited, non-exclusive licence to process and store it solely for the purpose of providing the Service to you.

7. Data and Privacy

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. We are committed to protecting your data and complying with applicable data protection legislation, including the UK GDPR and the Data Protection Act 2018.

8. Confidentiality

Each party agrees to keep confidential any non-public information of the other party that is designated as confidential or that reasonably should be understood to be confidential. This obligation does not apply to information that is publicly available or independently developed.

9. Disclaimers

The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied. We do not warrant that the Service will be uninterrupted, error-free, or free from viruses or other harmful components.

10. Limitation of Liability

To the fullest extent permitted by law, Openesia Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service. Our total aggregate liability for any claim arising out of or relating to these Terms shall not exceed the amounts paid by you in the twelve months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Openesia Ltd and its officers, directors, employees, and agents from any claims, damages, or expenses (including legal fees) arising out of your use of the Service or your violation of these Terms.

12. Termination

You may terminate your account at any time from your account settings. We may suspend or terminate your access immediately if you breach these Terms or if we are required to do so by law.

Upon termination, your right to use the Service ceases immediately. We will retain your data for 30 days after termination, after which it will be permanently deleted.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

14. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the new Terms on this page and, where appropriate, by sending you an email notification. Your continued use of the Service after the effective date of any change constitutes your acceptance of the new Terms.

15. Contact Us

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