Terms of Service

Welcome to Open Deller. These Terms of Service ("Terms") govern your access to and use of Open Deller's data intelligence platform, services, and website. By accessing or using our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing our platform, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you are using our services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Services

Open Deller provides a comprehensive data intelligence platform that enables organizations to:

• Process and analyze large-scale data in real-time
• Integrate data from multiple sources through our connectors
• Build custom data pipelines and workflows
• Generate insights and visualizations
• Access enterprise-grade APIs and SDKs
• Utilize AI-powered analytics capabilities

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice.

3. User Accounts

3.1 Account Creation

• You must provide accurate, complete, and current information
• You must be at least 16 years old to create an account
• One person or entity may maintain only one account
• You are responsible for maintaining account security

3.2 Account Responsibilities

• Keep your password secure and confidential
• Notify us immediately of unauthorized access
• You are liable for all activities under your account
• Do not share account credentials with others

3.3 Account Termination

You may terminate your account at any time through account settings or by contacting support@opendeller.com. We may suspend or terminate accounts that violate these Terms.

4. Acceptable Use Policy

4.1 Permitted Use

You may use our services for lawful business and research purposes in compliance with these Terms and applicable laws.

4.2 Prohibited Activities

You may NOT:

• Violate any applicable laws or regulations
• Infringe intellectual property rights of others
• Transmit malware, viruses, or harmful code
• Attempt to gain unauthorized access to systems
• Reverse engineer, decompile, or disassemble our software
• Use the platform to harass, abuse, or harm others
• Scrape, crawl, or spider our services without permission
• Resell or redistribute our services without authorization
• Use our services to compete with us
• Process illegal data or content
• Overwhelm our infrastructure (DoS/DDoS attacks)
• Create fake accounts or impersonate others

5. Intellectual Property Rights

5.1 Our Intellectual Property

Open Deller retains all rights, title, and interest in:

• The platform software and technology
• Open Deller trademarks, logos, and branding
• Documentation and training materials
• All improvements and derivatives we create

5.2 Your Data

You retain all rights to data you upload or process through our platform. You grant us a limited license to:

• Process your data to provide services
• Create aggregated, anonymized statistics (not sold)
• Improve our platform using anonymized insights

We do not claim ownership of your data and will not access it except for troubleshooting (with your permission) or as required by law.

5.3 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use our platform during your subscription period.

6. Data Processing and Privacy

6.1 Data Processing Agreement

For customers processing personal data subject to GDPR, CCPA, or similar regulations, we provide a Data Processing Agreement (DPA) upon request at privacy@opendeller.com.

6.2 Data Security

We implement industry-standard security measures including:

• Encryption in transit (TLS 1.3) and at rest (AES-256)
• Role-based access controls and MFA
• SOC 2 Type II certified infrastructure
• Regular security audits and penetration testing

6.3 Data Location

Data is primarily stored in US-based data centers (AWS/Google Cloud). EU customers may request EU data residency. See our Privacy Policy for details.

7. Service Level Agreement (SLA)

7.1 Uptime Commitment

• Enterprise Plan: 99.99% monthly uptime (excluding maintenance)
• Professional Plan: 99.9% monthly uptime
• Starter Plan: 99% monthly uptime (best effort)

7.2 Scheduled Maintenance

We schedule maintenance during off-peak hours with 48-hour advance notice. Emergency maintenance may occur without notice.

7.3 SLA Credits

If we fail to meet our uptime commitment, Enterprise customers may request service credits (up to 10% of monthly fee). Submit claims within 30 days to support@opendeller.com.

8. Payment Terms

8.1 Fees and Billing

• Subscription fees are billed monthly or annually in advance
• Usage-based fees (API calls, data processing) billed monthly in arrears
• All fees are in USD unless otherwise stated
• Fees are non-refundable except as required by law

8.2 Payment Methods

We accept credit cards, ACH transfers, and wire transfers (Enterprise only). Payment processing is handled by Stripe.

8.3 Late Payments

Accounts with payments overdue by 15+ days may be suspended. A $50 late fee or 1.5% monthly interest (whichever is greater) applies to overdue amounts.

8.4 Price Changes

We may change pricing with 30 days' notice. Existing customers are grandfathered for 90 days after notice.

9. Free Trials and Credits

• Free trial periods are 14 days (no credit card required)
• One free trial per customer/organization
• Promotional credits expire 90 days from issuance
• Credits are non-transferable and non-refundable

10. Warranties and Disclaimers

10.1 Limited Warranty

We warrant that our services will perform substantially as described in our documentation under normal use.

10.2 Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPEN DELLER PROVIDES SERVICES "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

We disclaim all warranties including:

• Merchantability and fitness for a particular purpose
• Non-infringement
• Accuracy or completeness of results
• Uninterrupted or error-free operation

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Open Deller's total liability is limited to fees paid in the 12 months preceding the claim
• We are not liable for indirect, incidental, consequential, or punitive damages
• This includes lost profits, data loss, business interruption, or loss of goodwill
• These limitations apply even if we've been advised of the possibility of damages

Exceptions: Limitations do not apply to liability arising from gross negligence, willful misconduct, or violation of privacy laws.

12. Indemnification

You agree to indemnify and hold Open Deller harmless from claims arising from:

• Your violation of these Terms
• Your violation of applicable laws
• Infringement of third-party intellectual property
• Data you process through our platform
• Your negligence or willful misconduct

13. Confidentiality

13.1 Confidential Information

Both parties agree to protect confidential information disclosed during the relationship, including:

• Technical specifications and roadmaps
• Business strategies and pricing
• Customer data and usage patterns

13.2 Exceptions

Confidentiality does not apply to information that is:

• Publicly available through no fault of recipient
• Independently developed without access to confidential info
• Required to be disclosed by law

14. Term and Termination

14.1 Term

These Terms remain in effect while you use our services. Subscription-specific terms apply for the subscription period.

14.2 Termination by You

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No refunds for partial months.

14.3 Termination by Us

We may immediately suspend or terminate your account if:

• You violate these Terms
• Your account is 30+ days overdue
• You engage in fraudulent activity
• Your use poses security risks to our platform
• Required by law or legal process

14.4 Effect of Termination

• Access to services terminates immediately
• You must pay all outstanding fees
• We will delete your data within 30 days (unless retention required by law)
• You may export your data before termination

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of the State of California, USA, without regard to conflict of law principles.

15.2 Arbitration

For disputes over $10,000, both parties agree to binding arbitration under the American Arbitration Association (AAA) Commercial Arbitration Rules in San Francisco, CA.

15.3 Small Claims Court

Either party may bring claims in small claims court if they qualify under that court's rules.

15.4 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class action lawsuits.

16. Export Control

Our services are subject to US export control laws. You agree not to export, re-export, or transfer our services to:

• Embargoed countries or regions
• Individuals on US government denied-party lists
• Prohibited end uses (weapons development, etc.)

17. Force Majeure

Neither party is liable for delays or failures due to events beyond reasonable control, including natural disasters, war, terrorism, pandemics, government actions, or internet outages.

18. Modifications to Terms

We may update these Terms periodically. Material changes will be notified via:

• Email to your account address (30 days' advance notice)
• In-platform notification
• Website banner

Continued use after changes constitutes acceptance. If you disagree, you must terminate your account before the effective date.

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any DPA, constitute the entire agreement between you and Open Deller.

19.2 Severability

If any provision is found unenforceable, the remaining provisions remain in full effect.

19.3 Waiver

Failure to enforce any provision does not waive our right to enforce it later.

19.4 Assignment

You may not assign these Terms without our written consent. We may assign without restriction in connection with mergers, acquisitions, or asset sales.

19.5 No Third-Party Beneficiaries

These Terms do not create rights for third parties.

19.6 Survival

Sections that by nature should survive termination (payment obligations, liability limitations, dispute resolution) will survive.

20. Contact Information

For questions about these Terms:

• Email: hello@opendeller.com
• Legal Inquiries: legal@opendeller.com
• Support: support@opendeller.com
• Mail: Open Deller, 123 Innovation Drive, San Francisco, CA 94107, United States

By using Open Deller, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them. Last updated: February 1, 2026.