Terms of Service

Welcome to OpixIQ. These Terms of Service (“Terms”) govern your access to and use of the services provided by Opiq, Inc. (“we,” “us,” or “our”). By accessing or using our platform, you agree to be bound by these Terms.

1. Identity, Jurisdiction & Distributor Relationship

A. Legal Entity

The services are provided by Opiq, Inc.

B. DBA (“Doing Business As”)

OpixIQ

C. Governing Law

These Terms shall be governed by the laws of the State of Delaware, where Opiq, Inc. is incorporated.

D. Geographical Scope & Intended Audience

The OpixIQ Platform and its associated services are currently designed, hosted, and intended strictly for use by commercial entities operating within the United States. OpixIQ makes no representation that the Platform complies with the data protection regulations of other jurisdictions, including the European Union’s General Data Protection Regulation (GDPR). If you access or use the Platform from outside the United States, you do so on your own initiative and are solely responsible for compliance with your local privacy and labor laws.

E. Microsoft Customer Agreement

Your use of Microsoft products (e.g., Azure, Dynamics) purchased through OpixIQ is subject to the Microsoft Customer Agreement (MCA).

F. Upstream Provider Dependency

Pax8 as Distributor: You acknowledge that OpixIQ provides Microsoft licenses as an Indirect Reseller through an upstream distributor (e.g., Pax8). All license availability, pricing, and technical support are subject to the terms, conditions, and Service Level Agreements (SLAs) provided by such upstream distributors and Microsoft.
“Back-to-Back” Terms: Notwithstanding anything to the contrary in this Agreement, any limitations, cancellation windows, or technical constraints imposed on OpixIQ by its upstream provider shall automatically apply to you.
Service Interruption: OpixIQ shall not be liable for any service interruptions, license terminations, or price increases caused by the actions or omissions of the upstream distributor or Microsoft.

2. Commercial Terms, Billing & Cancellation

A. Taxes

Fees Exclusive of Tax: Unless otherwise stated, all fees are exclusive of all taxes, levies, or duties imposed by taxing authorities.
Customer Responsibility: You are responsible for paying all applicable sales, use, or value-added taxes (VAT) associated with your purchase. These will be calculated and collected by our third-party payment processor (e.g., Stripe) at the time of checkout based on your billing address.

B. Price Changes

We reserve the right to increase subscription prices for renewal terms. We will provide you with reasonable notice of any price increase before your renewal date. Continued use of the service after a price change constitutes your agreement to pay the modified amount.

C. Usage-Based Billing & Source of Truth

Metering Data: You acknowledge that billing for usage-based subscriptions (e.g., Microsoft Azure) is calculated based on metering data provided by the underlying Cloud Provider (Microsoft) and our distributor (Pax8).
Binding Counts: The usage counts reported by our distributor shall be considered the “Source of Truth” for all billing purposes. OpixIQ is not responsible for discrepancies, errors, or latency in Microsoft’s metering systems. Any disputes regarding usage metrics must be resolved directly with the underlying provider in accordance with their Service Level Agreements.

D. Auto-Renewal & Notice Period

Automatic Renewal: Unless otherwise specified in your Order Form, all subscriptions (both Monthly and Annual) will automatically renew for an equivalent term upon expiration.
Notice of Non-Renewal: To prevent automatic renewal, you must provide written notice of non-renewal at least thirty (30) days prior to the end of your current subscription term. Failure to provide such notice will result in the automatic renewal of your subscription and obligation to pay the applicable fees.

E. Payment Failures & Suspension

Grace Period: In the event of a failed payment (e.g., declined credit card), we will provide a grace period of seven (7) calendar days to resolve the issue. During this time, your services will remain active.
Service Suspension: If payment is not received within the 7-day grace period, OpixIQ reserves the right to immediately suspend your access to the Platform and the underlying Microsoft services (including Azure resources) to prevent further costs.
Liability: OpixIQ is not liable for any data loss, business interruption, or “downtime” resulting from a suspension due to non-payment.

F. Automatic Trial Conversion & Renewal Notice

Notice of Conversion: You acknowledge that at the conclusion of any “Free Trial” period, subscriptions will automatically convert to paid terms as disclosed in the UI.
Reminder Notifications: OpixIQ (or its designated third-party billing partner) will make commercially reasonable efforts to send a reminder notification to your Administrative Email address between three (3) and seven (7) days prior to the expiration of a trial period or an annual renewal date.
Customer Responsibility: Ensure your contact information is up to date. Failure to receive a notification due to spam filters or incorrect email data does not waive your obligation to pay for the converted subscriptions.
Cancellation: To prevent conversion or renewal, you must cancel the subscription within the Platform UI at least twenty-four (24) hours before the trial expiration date.

G. Commitment vs. Billing Frequency (IMPORTANT)

ANNUAL COMMITMENT: IF YOU SELECT AN “ANNUAL” COMMITMENT, YOU ARE LEGALLY OBLIGATED TO PAY FOR THE FULL TWELVE (12) MONTH TERM. SELECTING “MONTHLY PAYMENTS” FOR AN ANNUAL COMMITMENT IS A FINANCING CONVENIENCE ONLY AND DOES NOT GRANT YOU THE RIGHT TO CANCEL THE SUBSCRIPTION PRIOR TO THE END OF THE ONE-YEAR TERM.
EARLY TERMINATION: IF YOU ATTEMPT TO CANCEL AN ANNUAL COMMITMENT PRIOR TO THE EXPIRATION OF THE TERM, ALL REMAINING MONTHLY PAYMENTS FOR THE BALANCE OF THE YEAR SHALL BECOME IMMEDIATELY DUE AND PAYABLE.
NO REFUNDS: PURSUANT TO THE 7-DAY NCE WINDOW DESCRIBED IN SECTION 2.J, NO REFUNDS OR CREDITS WILL BE ISSUED FOR EARLY CANCELLATION OF A COMMITTED TERM.

H. Savings Disclaimer & MSRP Baselines

Estimates Only: Any “Savings” or “Potential Savings” figures displayed at checkout or in the dashboard are estimates based on MSRP and standard retail pricing. Actual savings may vary based on your specific contract, taxes, or distributor promotions. We do not guarantee realized financial savings.
MSRP Basis: All savings figures displayed in the Order Summary or Checkout UI (e.g., “OpixIQ Savings”) are calculated using the Manufacturer’s Suggested Retail Price (MSRP) as a static baseline.
Dynamic Market Variance: You acknowledge that Microsoft and other distributors may offer time-limited promotions, regional discounts, or volume incentives that are not reflected in OpixIQ’s calculations.
No “Best Price” Guarantee: OpixIQ does not warrant that the prices offered through the platform represent the absolute lowest market price available at the moment of purchase. The “Savings” figure represents potential savings relative to standard retail rates and may be $0.00 or higher, depending on your specific tenant configuration.

I. Budget Alerts & Sync Intervals

Not Real-Time: You acknowledge that budget tracking, financial reporting, and associated alerts within the Platform are not real-time. Budget reports and spending alerts are generated on a monthly basis, derived from finalized invoices from our distributor or the underlying Cloud Provider.
No Liability for Overages: OpixIQ is not liable for any third-party overages, unexpected consumption charges, or fees incurred before a monthly invoice is finalized and an alert is generated.
Customer Responsibility: You remain solely responsible for configuring and monitoring real-time usage caps directly within your underlying Microsoft Tenant (e.g., Azure Cost Management) to prevent overspending.

J. License Purchases, Cancellations, and Refunds (Microsoft NCE)

The 7-Day NCE Window: All Microsoft license purchases, renewals, and seat additions executed through the OpixIQ Platform are governed by Microsoft’s New Commerce Experience (NCE) policies. You may cancel a new subscription or reduce seats for a prorated refund strictly within seven (7) calendar days of the transaction.
Post-7-Day Lock-In: After the 7-day window expires, the subscription is financially locked for the remainder of the committed term (e.g., monthly or annually). No refunds, credits, or cancellations will be permitted after 7 days, regardless of whether the purchase was made manually or initiated via an OpixIQ calculator or AI recommendation.
Distributor Dependency: All prorated refunds within the 7-day window are contingent upon the final approval and processing by our upstream distributor (e.g., Pax8) and Microsoft.

K. Future Start Dates & Refund Eligibility

Billing Commencement: If you select a future “Start Date” for a subscription, your billing cycle will begin on that specified date. However, the transaction is considered “executed” at the time of purchase.
Refund Window Limitation: You acknowledge that the seven (7) day refund and cancellation window is dictated by our upstream providers and begins on the date the purchase is processed, regardless of the selected future “Start Date.”
No Refunds for Non-Usage: OpixIQ does not provide refunds, credits, or prorated adjustments for subscriptions that remain “unused” or “unactivated” following the selected Start Date. It is your responsibility to cancel any unwanted future-dated subscriptions within seven (7) days of the initial transaction.

3. Service Mechanics, Admin Rights & High-Risk Tools

A. Data Accuracy & Sync Limitations

Supported Licenses Only: While our platform strives to provide comprehensive visibility into your Microsoft environment, you acknowledge that OpixIQ syncs substantially all standard, supported commercial license types.
Technical Blind Spots: Certain non-standard subscriptions—including, but not limited to, legacy products, developer (dev) environments, free trials, or custom-negotiated SKUs—may not be fully visible or accurately reflected in the platform due to underlying Cloud Provider API limitations.
No Guarantee of Complete Visibility: OpixIQ does not guarantee 100% “complete visibility” of all possible Microsoft billing entities. You remain solely responsible for reviewing your official Microsoft or Distributor invoices for final billing accuracy.

B. Role Assignment vs. Tenant Permissions

Definition of “Roles”: You acknowledge that “Assigning Roles” or “Role Assignment” within the OpixIQ Platform refers strictly to the departmental categorization of users (e.g., Sales, Finance, HR) for the purpose of license allocation and cost-center reporting.
No Tenant-Level Admin Rights: OpixIQ does not provide the ability to assign, modify, or manage Microsoft 365 Admin Roles (e.g., Global Administrator, Billing Administrator) or specific security permissions within your Microsoft Tenant environment.
Customer Responsibility for RBAC: You remain solely responsible for managing user permissions, identity security, and administrative access directly within the Microsoft 365 Admin Center. OpixIQ is not an Identity and Access Management (IAM) tool and disclaims all liability for unauthorized access resulting from your internal Microsoft permission configurations.

C. Dashboard Access & Ownership

Personal Views: You acknowledge that “Custom Dashboards” created by users are personal to that user account. Currently, ownership of custom dashboards cannot be transferred between users.
Configuration Responsibility: You are solely responsible for configuring the access permissions and sharing settings for any dashboard or report generated within the Platform.
Liability Waiver: OpixIQ is not liable for the accidental disclosure of sensitive information (e.g., salary data, license costs) resulting from a user’s misconfiguration of dashboard sharing settings (e.g., sharing a sensitive dashboard with “Everyone” instead of “Restricted”).

D. High-Risk Administrative Actions

Customer Control of Destructive Commands: The Platform provides tools that allow you to “Suspend,” “Sign Out,” or “Delete” users within your Microsoft Tenant. You acknowledge that these are high-risk administrative actions that can result in immediate loss of access, data deletion, and business interruption.
Manual Execution & Verification: OpixIQ provides the interface for these commands, but the final decision to execute them rests solely with you. You are responsible for verifying the identity of the target user and the necessity of the action before clicking any “Suspend” or “Delete” buttons.
No Liability for Data Loss or Breach: OpixIQ shall have no liability for the accidental deletion or suspension of any user (e.g., “wrong user” errors); the failure of a “Suspend” command to stop a security threat or hacker; or any data loss, loss of productivity, or business interruption resulting from the use of these administrative tools.
Emergency Recovery: You acknowledge that OpixIQ is not responsible for recovering data or restoring access for users deleted via the Platform. All such recovery must be handled through official Microsoft support channels.

4. Data Privacy, Employee Surveillance & Profiling

A. Employee “Efficiency” & “Productivity” Scores

Metric Definition: OpixIQ generates “Efficiency Scores” (e.g., 72%), “Productivity” ratings (e.g., 5/5), and user categorizations (e.g., “Minimal”, “Power User”) based on software usage logs (clicks, logins, volume).
No Employment Decisions: You explicitly agree that these scores measure software adoption only and do not reflect an employee’s actual job performance, output, attendance, work ethic, or value to the organization.
Prohibition on HR Use: You agree not to use OpixIQ data as the sole basis for any hiring, firing, promotion, compensation adjustment, or termination decision. OpixIQ disclaims all liability for wrongful termination lawsuits arising from your misuse of these metrics.

B. Anomaly Detection & Behavioral Profiling

The platform flags “Anomalies” (e.g., >30% deviation in usage). While intended for financial optimization, this data may constitute “behavioral profiling” under privacy laws. You are solely responsible for ensuring your use of this feature complies with local labor laws and Works Council requirements.

C. Privacy Settings & Anonymization

Default Anonymization: You acknowledge that, by default, the OpixIQ platform is configured to mask or anonymize individual user identities (e.g., hiding names and email addresses) to support privacy-by-design principles.
Customer Activation: If you (or your Administrators) manually toggle the “User Information Display” to “ON,” you explicitly instruct OpixIQ to reveal and process Personal Identifiable Information (PII).
Audit & Liability: You acknowledge that this action is logged within the system. You assume sole liability for any privacy violations, labor disputes, or GDPR non-compliance resulting from your decision to de-anonymize user data.

D. Data Hosting & Retention

Hosting Infrastructure: You acknowledge that operational platform data (including calculated metrics, engagement logs, and built organizational hierarchies) is stored within OpixIQ’s proprietary application infrastructure.
Synced Data: Raw user attributes (e.g., Job Titles, Departments) ingested from your Microsoft Tenant.
Generated Data: Organizational Hierarchies and Reporting Structures that are built, configured, and stored exclusively within the OpixIQ platform. You acknowledge that this structural data may differ from the hierarchy defined in your Azure AD.
Physical Location: This infrastructure is hosted on Microsoft Azure servers located strictly within the United States (for U.S. customers).
Confidential Information: For data protection purposes, ‘Confidential Information’ includes your custom Organizational Data (internal reporting lines, department budgets, and cost center allocations) stored on the Platform.
Platform Data Retention: Upon full account cancellation, operational platform data stored in OpixIQ is deleted immediately.
Billing Records Retention: In compliance with tax and accounting laws, billing and transaction records are retained for seven (7) years.
Downgrade Lock: If you downgrade from a Paid tier to a Free tier, your historical data and reports will be locked and inaccessible until you upgrade to a paid plan again.
PII Sync: We perform a two-way sync of Personal Identifiable Information (PII) from your Azure AD, which may include Mobile Phone numbers, Home Locations, Employee IDs, Employee Names, Email Addresses, IP Addresses, and Department/Job Titles. You represent that you have the necessary consent to process this data via OpixIQ.

E. Ownership of Reports & Data Export

Your Data: You retain full ownership of all data, metrics, and figures contained within the reports generated by OpixIQ. You are granted a non-exclusive license to export, print, and use these reports for your internal business purposes.
OpixIQ Intellectual Property: You acknowledge that the layout, design, formatting, and template structure of the reports remain the exclusive intellectual property of OpixIQ. You may not reverse-engineer or duplicate the report templates for commercial resale or competitive purposes.

F. Third-Party Sub-processors

You acknowledge and agree that OpixIQ uses third-party vendors to provide critical infrastructure, payment processing, and support services. We reserve the right to change these vendors with reasonable notice, subject to our Privacy Policy. Current sub-processors include:

Payment Processing: Stripe
Distribution: Pax8
CRM & Support: GoHighLevel
Voice AI Agents: Retell AI, Vapi
Hosting: Microsoft Azure

G. Notification Retention & Archiving

Standard Retention: You acknowledge that system alerts, guidance recommendations, and notifications displayed within the OpixIQ UI are retained for a limited period (e.g., 30 days) for operational convenience.
Not a Compliance Archive: OpixIQ is a cloud management tool, not a certified legal archiving, e-discovery, or compliance storage system. We do not guarantee the perpetual retention of audit logs, historical alerts, or user activity trails.
Customer Responsibility: If your organization requires long-term retention of alerts for regulatory compliance, internal audits, or legal holds, it is your sole responsibility to export and store that data outside of the Platform prior to our standard routine deletion cycles.

H. Metadata Processing & Derived Metrics

Data Processing Role: You acknowledge that to generate “Employee Engagement” and “Efficiency” metrics, OpixIQ ingests raw metadata (e.g., activity logs from Teams, Exchange, OneDrive, and SharePoint) from your Microsoft Tenant. For the purposes of this Agreement, OpixIQ acts as a Data Processor.
On-Platform Calculation: All calculations and algorithmic scoring are performed within OpixIQ’s secure infrastructure. No raw metadata is shared with third-party Large Language Model (LLM) providers or external AI processors for the purpose of generating these scores.
No Training on Customer Data: OpixIQ does not use your specific organizational metadata to train “global” AI models or improve the platform for other customers. Your data is isolated and used exclusively to generate insights for your organization.

I. Granular Delegated Admin Privileges (GDAP)

Minimum Necessary Access: To provide the Services, you must grant OpixIQ specific “Granular Delegated Admin Privileges” (GDAP) within your Microsoft 365 Tenant. OpixIQ commits to requesting only the minimum necessary privileges required to sync billing data and utilization metadata (e.g., “Global Reader” or “Billing Admin” equivalents).
No Management of Tenant Security: While the GDAP relationship provides technical access, OpixIQ does not monitor, manage, or secure your tenant’s internal configurations, user passwords, or security policies.
Termination of Access: You maintain full control over the GDAP relationship and may revoke OpixIQ’s access at any time via the Microsoft Admin Center. You acknowledge that revoking access will immediately terminate the functionality of the OpixIQ Platform.
Limited Liability for Microsoft-Level Breaches: OpixIQ is not liable for unauthorized access to your tenant arising from Microsoft’s underlying infrastructure or through other third-party delegates.

J. Individual Productivity & Activity Metrics

Software Telemetry Only: You acknowledge that metrics assigned to individuals (e.g., “Productivity Score,” “Activity Score,” or “Adoption Score”) are derived strictly from Microsoft 365 software telemetry and resource utilization data. These scores measure technical interaction with software and are not a holistic measure of an employee’s job performance, professional value, or adherence to company policy.
No Employment Decisions: You explicitly agree that OpixIQ metrics shall not be used as the sole or primary basis for employment decisions, including but not limited to termination, demotion, or disciplinary action.
Indemnification for Labor Disputes: The Customer agrees to indemnify and hold OpixIQ harmless from any legal claims, labor grievances, or wrongful termination lawsuits arising from the Customer’s use of these software metrics in personnel management.

K. Specific PII Ingestion & Two-Way Synchronization

Ingested Data Fields: You acknowledge that the Platform automatically synchronizes specific Personal Identifiable Information (PII) from your Microsoft Azure Active Directory (Entra ID), which may include, but is not limited to: Full Name, Employee ID, Mobile Phone Numbers, Job Title, and Home/Office Location.
Two-Way Sync Authorization: By enabling the “Two-Way Sync” feature, you explicitly authorize OpixIQ to write changes made within the Platform back to your Microsoft Tenant. You assume sole responsibility for the accuracy and legality of the data entered or modified.
Data Minimization & Necessity: OpixIQ processes these specific fields solely to provide the contracted services (e.g., license allocation, departmental reporting, and identity verification).
Exclusion of Sensitive Categories: You agree not to upload or sync “Special Categories” of data (e.g., health records, social security numbers, or biometric data) into the Platform unless explicitly requested via a secured, designated field.

5. AI, ROI & Professional Disclaimers

A. Hypothetical ROI

Widgets displaying “Projected Productivity Gains” (e.g., “$40,500 from Copilot”) are hypothetical estimates based on baseline values and user ranking. OpixIQ does not guarantee actual financial returns or productivity increases from software upgrades.

B. AI & Recommendations

No Guarantee: Recommendations to “Right-Size” or “Remove Licenses” are informational only. You must verify the impact of any removal (e.g., checking for Legal Holds) before acting. While the underlying Microsoft service typically provides a 30-day ‘soft-delete’ recovery window for removed licenses, OpixIQ does not guarantee data recoverability and is not liable for managing the restoration process.

C. Security Labeling

Items labeled “Security” in the UI are categorization tags for notifications and do not constitute a security audit or antivirus protection. OpixIQ is not responsible for preventing data breaches.

D. AI Data Usage & Training

Aggregated Data: You acknowledge and agree that OpixIQ may use de-identified and aggregated data (stripped of specific company identifiers, user names, and PII) derived from your usage of the Services to train, tune, and improve our Artificial Intelligence (AI) and Machine Learning models.
Scope of Use: This aggregated data may be used to improve performance for all OpixIQ customers (e.g., industry benchmarking). We will never use your Confidential Information or Personal Data to train models in a way that could re-identify you or your users.

E. Notifications & Alert Reliability

Delivery Not Guaranteed: You acknowledge that “Guidance Alerts” and other notifications are sent via email and third-party delivery systems. We do not guarantee the real-time delivery of these messages, which may be subject to delays, spam filters, or network outages.
No Liability for Overages: OpixIQ is not liable for any third-party costs, fees, or overages (e.g., unexpected Azure consumption charges) that you may incur, even if our system fails to trigger an alert or if you fail to receive a notification for any reason.
User Responsibility: It remains your sole responsibility to monitor your Microsoft Tenant directly for critical billing and usage thresholds.

F. Automated Insights & Execution Controls

Manual Approval Default: While OpixIQ generates “Automated” insights, reporting, and right-sizing recommendations, the execution of these changes is strictly manual by default. You must explicitly review, approve, and initiate any changes (e.g., removing a license) within the Platform.
High-Risk Automation (Opt-In): In the event OpixIQ offers fully automated, background execution of recommendations, such functionality will require your explicit opt-in. By enabling automated execution, you assume full liability for any resulting changes to your tenant environment, including unintended license downgrades or access removal. OpixIQ disclaims all liability for actions executed automatically on your behalf.

G. Commercial Disclosures & Financial Incentives

Reseller Compensation: You acknowledge that OpixIQ operates as a for-profit Cloud Solution Provider (CSP). When the Platform generates insights, notifications, or recommendations to purchase, upgrade, or add software licenses (e.g., upgrading users to Microsoft Copilot), OpixIQ may receive financial compensation, profit margins, backend rebates, or other incentives from our distributor or the underlying Cloud Provider for facilitating those transactions.
Objective Function: While our platform aims to optimize your cloud spend, recommendations to purchase new or upgraded licenses are made in our capacity as a commercial reseller.

H. Conversational AI & Generative Features

Probabilistic Outputs: You acknowledge that features such as the “Customize using AI” chat or other conversational interfaces may utilize logical decision engines and/or Generative Artificial Intelligence (e.g., Large Language Models). Outputs from these features are generated probabilistically and may contain errors, omissions, or inaccurate statements (“hallucinations”).
Not Expert Advice: AI-generated responses do not constitute professional IT, legal, or compliance advice.
Independent Verification: OpixIQ does not warrant that a license recommended by the AI will contain the specific features, security standards, or compliance controls your organization requires. You are solely responsible for independently verifying a product’s capabilities via official Microsoft documentation prior to purchase. OpixIQ is not liable for purchases made in reliance on AI-generated chat responses.

I. Regulatory & Compliance Suitability

No Compliance Guarantee: When utilizing platform features, calculators, or questionnaires that inquire about your handling of sensitive, regulated, or medical/financial data, you acknowledge that OpixIQ’s resulting recommendations are best-effort and informational only.
Not Legal/Compliance Advice: OpixIQ does not provide legal, regulatory, or compliance advice. We do not guarantee that any recommended license, configuration, or product SKU is inherently compliant with frameworks such as HIPAA, PCI-DSS, GDPR, CCPA, or other industry-specific regulations.
Customer Due Diligence: You remain solely responsible for conducting your own due diligence and ensuring that any software or license you purchase meets your organization’s specific security, regulatory, and compliance requirements prior to implementation.

J. Anomaly Detection & Aggregate Data

Financial Focus: You acknowledge that “Utilization Analysis,” “Anomaly Detection,” and similar widgets are designed to identify aggregate financial discrepancies and organizational-level license optimization opportunities.
Not Individual Surveillance: These specific anomaly features process data at an aggregate level and are not designed or intended to monitor, track, or profile the real-time behavioral patterns, working hours, or physical locations of specific, individual employees.

K. Hypothetical Productivity & ROI Projections

Nature of Projections: You acknowledge that “Productivity Gains,” “ROI Projections,” and other monetized efficiency metrics (e.g., “$40,500 in gains”) are hypothetical estimates.
Methodology: These figures are calculated using baseline industry benchmarks (e.g., Microsoft studies) applied to your organization’s utilization data. They do not account for individual employee aptitude, internal workflows, or actual time-to-value.
No Financial Guarantee: OpixIQ does not warrant or guarantee that you will achieve any specific financial return, productivity increase, or “bottom-line” growth by purchasing or upgrading licenses based on these projections. You assume all financial risk for license procurement.

6. Service Level Agreement (SLA)

A. Uptime

We aim for 99.9% uptime. If the system goes down below 99.9%, we will give the following credits:

99.0% – 99.9% (10% credit)
98.0% – 99.0% (25% credit)
95.0% – 98.0% (50% credit)
< 95.0% (100% credit)

B. Termination

We reserve the right to ban users immediately for competitor spying or abuse.

7. Intellectual Property & License

A. Ownership

You acknowledge and agree that Opiq, Inc. retains all right, title, and interest in and to the Service, including all related intellectual property rights (copyrights, patents, trademarks).

B. No Transfer of Title

The sale or license of the software does not transfer ownership of the underlying copyright or technology to you. Your rights to use the Service are limited to the access rights expressly granted in these Terms.

C. Restrictions

You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software.