Terms of Service
Terms of Service
Effective Date: 2026-04-20
These Terms of Service (“Terms”) govern your access to and use of the website located at www.opstack.ai, and any related software, applications, platform features, dashboards, APIs, integrations, messaging tools, social media tools, analytics, automations, AI features, and related services provided by Opstack, Inc., a Delaware corporation doing business as OpStack AI (“OpStack,” “we,” “us,” or “our”) (collectively, the “Services”).
By accessing or using the Services, or by clicking to accept these Terms, you agree to be bound by these Terms. If you are using the Services on behalf of a company, franchise system, multi-location business, affiliate, subsidiary, operator, or other legal entity, you represent and warrant that you have authority to bind that entity and its authorized users to these Terms. In that case, “you” and “your” mean that entity and its authorized users.
If you do not agree to these Terms, do not access or use the Services.
1. Business Use Only
The Services are offered solely for business and commercial use and are not intended for personal, family, or household use.
You must be at least 18 years old and legally capable of entering into a binding agreement to use the Services.
2. Description of Services
OpStack provides business software and related services that may include, without limitation:
customer feedback, survey, review, and reputation management tools
review generation, monitoring, analytics, routing, and response tools
social media publishing, scheduling, inbox, moderation, and account management tools
call recording, monitoring, transcription, summarization, categorization, sentiment analysis, and communications intelligence tools
SMS, messaging, notifications, campaigns, and related communications tools
workflow automation, alerting, routing, and task management tools
analytics, dashboards, reporting, benchmarking, and business insights
document ingestion, knowledge management, and search tools
AI-generated or AI-assisted summaries, classifications, recommendations, suggested responses, suggested actions, tasks, and automations
integrations with third-party platforms, systems, software, phone providers, POS systems, CRMs, social platforms, review sites, and APIs
Certain Services may be offered through free trials, pilots, betas, self-serve subscriptions, custom plans, invoices, order forms, statements of work, master services agreements, data processing addenda, service level agreements, or other written commercial terms.
3. Contract Hierarchy
If you and OpStack enter into a separate signed agreement governing your use of the Services, including any master services agreement, order form, statement of work, data processing addendum, or service level agreement, that signed agreement will control over these Terms to the extent of any direct conflict.
If there is no separate signed agreement, these Terms control.
4. Accounts and Authorized Users
To access certain Services, you may be required to register an account or access the Services through an organization account.
You are responsible for:
maintaining the confidentiality of your credentials
all activity under your account or organization account
ensuring that all authorized users comply with these Terms
promptly notifying us of any unauthorized access, suspected misuse, or security incident
You are responsible and liable for the acts and omissions of your employees, contractors, agents, franchisees, operators, affiliates, subsidiaries, and authorized users as if they were your own.
5. Customer Data
“Customer Data” means all data, content, records, communications, messages, phone numbers, email addresses, customer information, employee information, files, documents, media, account credentials, prompts, settings, configurations, social media content, reviews, listings, call audio, transcripts, metadata, and other information submitted to, uploaded to, transmitted through, connected to, generated through use of, or otherwise made available to the Services by or on behalf of you, including through third-party integrations.
As between the parties, you retain your rights in Customer Data, subject to the rights granted to OpStack in these Terms.
You grant OpStack a worldwide, non-exclusive, sublicensable, royalty-free right to host, copy, store, use, process, transmit, display, reproduce, modify, analyze, and otherwise handle Customer Data as reasonably necessary to:
provide, operate, maintain, support, secure, and improve the Services
perform transcription, analytics, messaging, social publishing, routing, AI processing, summarization, classification, recommendations, reporting, alerting, and automations requested or enabled by you
create aggregated, anonymized, and de-identified data, trends, benchmarks, usage insights, product analytics, and learnings that do not identify you or any individual
monitor performance, support, quality, fraud prevention, abuse prevention, and security
You represent and warrant that you have all rights, permissions, notices, and consents necessary for OpStack and its service providers to process Customer Data in connection with the Services.
6. Your Compliance Obligations
You are solely responsible for your use of the Services and for ensuring that your use, your Customer Data, and all related communications, campaigns, recordings, postings, workflows, and automations comply with all applicable laws, regulations, rules, and third-party platform requirements.
Without limitation, you are solely responsible for:
obtaining and maintaining all required notices, disclosures, consents, opt-ins, permissions, and authorizations
maintaining records sufficient to demonstrate consent where required by law
honoring opt-outs, revocations of consent, unsubscribe requests, do-not-call requests, deletion requests, and similar rights
ensuring you have a lawful basis to collect, upload, connect, process, analyze, publish, or otherwise use all Customer Data
ensuring you have the right to connect and use all third-party accounts, pages, listings, inboxes, phone systems, social media accounts, and review profiles
supervising and reviewing AI-generated or AI-assisted outputs and automation settings before relying on them where human review is appropriate
complying with all carrier, platform, review site, social platform, and API policies that apply to your use of the Services
You acknowledge that OpStack is a software provider only and is not your law firm, telecom carrier, publisher, records custodian, compliance administrator, telemarketer, data broker, or legal advisor.
7. Messaging, TCPA, Call Recording, and Consent Compliance
Certain features of the Services may enable or support text messaging, calling, call recording, call monitoring, transcription, voicemail handling, social messaging, campaign workflows, marketing communications, review requests, and other regulated communications activities.
You, and not OpStack, are solely responsible for determining whether your use of the Services is lawful in each jurisdiction and for each specific use case.
Without limiting the foregoing, you expressly agree that:
You are solely responsible for obtaining any prior express consent, prior express written consent, implied consent, notice, acknowledgment, or other authorization required for calls, texts, prerecorded messages, automated messages, marketing messages, review requests, social messaging, call recording, call monitoring, transcription, or similar activities.
You are solely responsible for maintaining adequate records of those consents, notices, and permissions.
You are solely responsible for compliance with all applicable federal, state, local, and international laws relating to communications, privacy, telemarketing, wiretapping, call recording, anti-spam, and data protection, including without limitation the Telephone Consumer Protection Act, Telemarketing Sales Rule, CAN-SPAM Act, state mini-TCPA laws, state call-recording laws, and similar statutes and regulations.
You are solely responsible for complying with A2P 10DLC, carrier registration, campaign registration, sender ID rules, and related carrier or messaging-provider requirements where applicable.
OpStack does not provide legal advice regarding whether any workflow, message, template, prompt, campaign, automation, consent language, recording practice, or feature is lawful for your intended use.
Any sample templates, copy, scripts, prompts, automations, recommendations, or AI-generated content made available through the Services are for informational purposes only and do not constitute legal advice or compliance clearance.
You assume all risk arising from your use of messaging, telephony, call recording, call monitoring, transcription, contact data, customer communications, and communications workflows through the Services.
OpStack disclaims all liability arising from or related to your communications practices, including claims involving consent, opt-in, opt-out, autodialing, prerecorded content, frequency, timing, sender identification, disclosure failures, data source issues, social messaging, call recording legality, or similar issues.
This Section is a material basis of the bargain between the parties.
8. No Agency; No Compliance Services
OpStack provides software tools only. Nothing in these Terms creates any agency, fiduciary, employment, joint venture, partnership, or representative relationship between you and OpStack.
OpStack does not send communications as your legal agent, does not independently determine legal compliance on your behalf, and does not assume any statutory duties that apply to your business or communications practices.
9. Prohibited and High-Risk Uses
You may not use the Services:
in violation of any law, regulation, or third-party right
to harass, threaten, stalk, abuse, defame, or deceive any person
to send spam, deceptive, unlawful, or unwanted communications
to collect or process personal data without required notice or consent
to upload malware, exploit vulnerabilities, or interfere with the Services
to attempt unauthorized access to any system, account, or data
to reverse engineer, decompile, copy, modify, or create derivative works of the Services except as expressly permitted by law
to benchmark or evaluate the Services for competitive purposes without our prior written consent
to build a competing product or service using the Services
to make solely automated decisions in employment, housing, credit, insurance, healthcare diagnosis, legal determinations, or other similarly high-risk contexts
for unlawful surveillance or unlawful recording
in any way that violates the terms or policies of third-party providers, carriers, review platforms, app stores, social platforms, phone providers, or integration partners
We may suspend, restrict, disable, or terminate any use that we determine, in our sole discretion, creates legal, operational, reputational, platform, carrier, or security risk.
10. AI Features
The Services may use artificial intelligence, machine learning, natural language processing, statistical models, decision-support systems, or automation tools to generate or assist with summaries, classifications, sentiment analysis, rankings, recommendations, draft content, review responses, suggested tasks, social content, routing, insights, and workflow actions (“AI Outputs”).
You acknowledge and agree that:
AI Outputs may be inaccurate, incomplete, misleading, delayed, biased, or inappropriate for your intended use
AI Outputs are provided for informational and operational support purposes only
you are solely responsible for reviewing, validating, approving, and using AI Outputs
you must not rely on AI Outputs as a substitute for legal, compliance, HR, tax, accounting, medical, or other professional advice
OpStack does not guarantee the accuracy, legality, quality, or business effectiveness of any AI Output
OpStack may use third-party model providers and processors in delivering AI-enabled features
You assume all risk arising from your use of AI Outputs.
11. Third-Party Services and Integrations
The Services may interoperate with third-party services and APIs, including without limitation Google Business Profile, Meta, Instagram, TikTok, Yelp, Twilio, Mindbody, Zenoti, ABC Fitness, ClubReady, phone systems, review platforms, social platforms, CRMs, POS systems, and other providers.
Your use of third-party services is subject to those third parties’ own terms, policies, permissions, technical limits, moderation practices, and data-handling rules. OpStack does not control and is not responsible for any third-party service, including its availability, uptime, security, moderation decisions, message filtering, data practices, fees, API changes, scope limitations, permission denials, suspensions, takedowns, account restrictions, or discontinued functionality.
You authorize OpStack to access, receive, process, store, and transmit data from connected third-party services as necessary to provide the Services.
We may add, remove, modify, suspend, or discontinue integrations at any time, including where required by law, platform policy, technical changes, business needs, or third-party action.
12. Social Media and Publishing Features
If you connect social media accounts or use social publishing, inbox, moderation, review-response, or content-scheduling features, you remain solely responsible for:
all content posted, scheduled, approved, routed, or distributed through the Services
having all rights necessary for that content
all required disclosures, permissions, and approvals
compliance with platform terms, advertising rules, endorsement rules, moderation rules, and applicable law
your moderation choices, takedowns, approvals, comments, and account settings
OpStack is not responsible for the reach, delivery, moderation, suppression, removal, account suspension, or enforcement actions of any third-party platform.
13. Trials, Pilots, Betas, and Free Services
We may offer free trials, pilots, sandbox environments, proof-of-concept access, or beta features. Unless otherwise stated in writing:
they are provided “as is” and “as available”
they may contain errors or reduced functionality
they may be modified or discontinued at any time
no uptime, retention, support, backup, export, portability, or security commitments apply
data in such environments may be deleted at any time after the applicable period ends
14. Fees and Payment
Services may be offered through self-serve subscriptions, custom pricing, invoices, order forms, statements of work, or other commercial terms.
You agree to pay all fees, charges, taxes, and other amounts due under the applicable commercial terms. Unless otherwise stated in writing:
fees are non-cancelable and non-refundable
subscriptions renew automatically for successive terms equal to the initial term
we may suspend Services for nonpayment
you are responsible for any usage-based charges, overages, carrier pass-through fees, registration fees, message fees, platform fees, or third-party costs associated with your use of the Services
15. Data Retention, Transition, and Location Separation
Unless otherwise expressly stated in writing, OpStack has no obligation to retain Customer Data after expiration or termination of the applicable Services.
If a franchisee, location, operator, business unit, affiliate, or other account segment separates from a network, brand, or multi-location structure, OpStack is under no obligation to continue access, preserve account structure, export data, migrate data, recreate configuration, or provide transition assistance except under a separate written agreement and subject to payment of applicable fees.
Any continued access to historical data, exports, records, transcripts, analytics, content, or other Customer Data after separation may be conditioned on payment of transition, extraction, continuation, migration, administrative, or other fees, if offered by OpStack at all.
OpStack may delete Customer Data after termination or expiration in accordance with its retention practices, except where retention is required by law or expressly agreed in writing.
16. Confidentiality
Each party may receive confidential or proprietary information from the other. The receiving party will use such information only as necessary to perform under these Terms and will protect it using reasonable care.
Confidential information does not include information that:
becomes public through no fault of the receiving party
was already lawfully known by the receiving party
is lawfully received from a third party without restriction
is independently developed without use of the disclosing party’s confidential information
A party may disclose confidential information where required by law, legal process, or governmental request.
17. Security
OpStack will use commercially reasonable administrative, technical, and organizational safeguards designed to protect the Services and Customer Data. However, no system is completely secure, and OpStack does not guarantee that the Services will be secure, uninterrupted, or error-free.
You are solely responsible for the security of your devices, networks, internal systems, credentials, user permissions, consent records, connected accounts, and internal data practices.
18. Intellectual Property
The Services, including all software, code, models, workflows, interfaces, dashboards, documentation, branding, design elements, and related technology, are owned by OpStack or its licensors and are protected by intellectual property laws.
Except for the limited rights expressly granted to you, no rights are granted by implication, estoppel, or otherwise.
You may not copy, resell, sublicense, lease, distribute, publicly display, publicly perform, reverse engineer, or otherwise exploit the Services except as expressly authorized by OpStack in writing.
19. Feedback
If you provide OpStack with ideas, suggestions, enhancement requests, comments, or feedback, you grant OpStack a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free right to use and exploit that feedback without restriction or compensation.
20. Privacy Policy
Your use of the Services is also subject to our Privacy Policy, which is incorporated into these Terms by reference.
21. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
OPSTACK DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, OPSTACK DOES NOT WARRANT THAT:
THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
THE SERVICES WILL MEET YOUR REQUIREMENTS
ANY OUTPUTS, INSIGHTS, REPORTS, RECOMMENDATIONS, RESPONSES, AUTOMATIONS, OR AI OUTPUTS WILL BE ACCURATE, COMPLETE, LEGAL, OR EFFECTIVE
ANY THIRD-PARTY INTEGRATION WILL CONTINUE TO BE AVAILABLE
ANY COMMUNICATION SENT THROUGH THE SERVICES WILL BE DELIVERED, RECEIVED, OR LAWFUL
22. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPSTACK AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, SUBPROCESSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS, DATA, USE, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPSTACK’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:
THE AMOUNTS PAID BY YOU TO OPSTACK FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR
ONE HUNDRED U.S. DOLLARS ($100)
THE LIMITATIONS IN THESE TERMS APPLY REGARDLESS OF THE FORM OF ACTION AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
23. Indemnification
You will defend, indemnify, and hold harmless OpStack, its affiliates, officers, directors, employees, contractors, licensors, subprocessors, and service providers from and against any and all claims, demands, actions, proceedings, investigations, liabilities, damages, judgments, settlements, fines, penalties, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:
your use of the Services
your Customer Data
your messages, calls, campaigns, social posts, reviews, recordings, monitoring, transcripts, automations, or other communications
your violation of these Terms
your violation of applicable law, regulation, platform rule, carrier rule, or third-party right
your failure to obtain legally sufficient notices, rights, permissions, or consents
any allegation that a communication sent, call made or recorded, message transmitted, content published, or data processed through your use of the Services violated the TCPA, TSR, CAN-SPAM Act, wiretap law, recording law, privacy law, consumer protection law, advertising law, labor law, or similar law
any dispute between you and your customers, leads, employees, contractors, franchisees, operators, affiliates, or other third parties
This indemnity includes claims related to call recording, call monitoring, transcription, text messaging, social messaging, consent, opt-outs, contact sourcing, campaign timing, sender identification, message content, unlawful automation, or use of AI-generated content.
24. Suspension, Restriction, and Termination
We may suspend, restrict, disable, or terminate access to the Services immediately, with or without notice, if:
you breach these Terms
payment is overdue
your use creates legal, reputational, carrier, platform, operational, or security risk
required by law, court order, platform, carrier, or third-party provider
we suspect fraud, abuse, unlawful conduct, or misuse of the Services
You may stop using the Services at any time, but fees already paid are non-refundable unless otherwise stated in writing.
Upon termination, your right to access and use the Services ceases immediately, except as otherwise expressly provided in writing.
25. Injunctive Relief
You acknowledge that unauthorized use of the Services, misuse of confidential information, misuse of intellectual property, or unlawful use of communications features could cause irreparable harm for which monetary damages may be inadequate. Accordingly, OpStack may seek injunctive or equitable relief, in addition to any other remedies available at law or in equity, without posting bond where permitted by law.
26. Force Majeure
OpStack will not be liable for any delay, failure, degradation, suspension, or interruption caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, internet failures, carrier failures, platform moderation or enforcement, API changes, outages of third-party services, power failures, governmental action, legal or regulatory changes, embargoes, pandemics, or denial of service attacks.
27. Governing Law and Venue
These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles.
Any dispute arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Delaware, and each party irrevocably submits to the jurisdiction and venue of those courts.
28. Waiver of Class Actions
To the maximum extent permitted by law, each party agrees that any dispute shall be brought only in that party’s individual capacity and not as a plaintiff or class member in any purported class, collective, representative, or mass action proceeding.
29. Changes to These Terms
We may modify these Terms from time to time. If we make material changes, we will post the updated Terms on our website and update the “Last Updated” date. Your continued use of the Services after the updated Terms become effective constitutes your acceptance of the modified Terms.
30. General
These Terms, together with any order form, invoice, statement of work, privacy policy, acceptable use policy, or other terms incorporated by reference, constitute the entire agreement between you and OpStack regarding the Services, unless superseded by a separately signed written agreement.
If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect.
You may not assign these Terms without our prior written consent, except in connection with a merger, acquisition, or sale of substantially all of your assets. OpStack may assign these Terms without restriction.
No waiver of any breach or provision will be deemed a waiver of any other breach or provision.
31. Survival
Any provisions that by their nature should survive termination or expiration of these Terms shall survive, including without limitation Sections 3, 5, 6, 7, 8, 10, 11, 15, 16, 18, 19, 21, 22, 23, 24, 25, 26, 27, 28, 30, and 31.
32. Contact
Opstack, Inc.
Email: info@opstack.ai
Website: https://www.opstack.ai
