Terms of Service

1. Acceptance of Terms

By accessing or using Operative's services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you may not use our services.

These Terms constitute a legally binding agreement between you (or the entity you represent) and Operative, Inc. ("Operative," "we," "us," or "our").

2. Description of Services

Operative provides subscription-based AI agent development services, including:

• Custom AI agent design and development
• Agent deployment and hosting
• Ongoing maintenance and updates
• Performance monitoring and optimization
• Integration with third-party services
• Access to our client dashboard and tools

The specific services included in your subscription depend on your selected plan. We reserve the right to modify, suspend, or discontinue any part of our services with reasonable notice.

3. Subscriptions and Billing

3.1 Subscription Plans

We offer monthly and annual subscription plans. Annual plans are billed upfront and include a discount compared to monthly billing. Plan details and pricing are available on our pricing page.

3.2 Billing

Subscriptions are billed in advance on a recurring basis (monthly or annually). You authorize us to charge your payment method on file for all applicable fees. All fees are non-refundable except as expressly stated in these Terms or required by law.

3.3 Plan Changes

You may upgrade your plan at any time, with the new rate prorated for the remainder of your billing period. Downgrades take effect at the start of your next billing period.

3.4 Pausing Subscriptions

You may pause your subscription for up to 3 months per year. During a pause, you retain access to your dashboard and deployed agents continue to operate, but no new development work is performed.

4. Your Responsibilities

You agree to:

• Provide accurate and complete information in your briefs and communications
• Respond to questions and provide feedback in a timely manner
• Ensure you have the right to share any data or content you provide to us
• Use the agents we build only for lawful purposes
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use of your account

Prohibited Uses

You may not use our services to build agents that:

• Violate any applicable law or regulation
• Infringe on intellectual property rights
• Generate spam, phishing, or deceptive content
• Harass, threaten, or harm others
• Process sensitive data without appropriate safeguards
• Compete directly with Operative's services

5. Intellectual Property

5.1 Your Content

You retain all rights to the content, data, and materials you provide to us. You grant us a limited license to use this content solely for the purpose of providing our services to you.

5.2 Deliverables

Upon full payment, you own all custom code, configurations, and agent designs we create specifically for you. We retain ownership of our underlying tools, frameworks, libraries, and general methodologies that we use across client projects.

5.3 Operative Platform

The Operative platform, dashboard, documentation, and all related intellectual property remain our exclusive property. These Terms do not grant you any rights to use our trademarks, logos, or branding without our prior written consent.

6. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information shared during the course of our engagement. This includes:

• Business plans, strategies, and financial information
• Technical specifications and architectures
• Customer data and analytics
• Pricing and contract terms

Confidential information may only be disclosed with prior written consent, or as required by law. Confidentiality obligations survive termination of these Terms.

7. Warranties and Disclaimers

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards. If any deliverable fails to conform to the agreed specifications, we will re-perform the work at no additional cost.

EXCEPT AS EXPRESSLY PROVIDED ABOVE, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that AI agents will be error-free, that outputs will be accurate in all cases, or that the services will meet all of your requirements. AI technology has inherent limitations that you acknowledge by using our services.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPERATIVE'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

IN NO EVENT SHALL OPERATIVE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Termination

9.1 Termination by You

You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of your current billing period.

9.2 Termination by Operative

We may suspend or terminate your access if you breach these Terms, fail to pay fees, or engage in conduct that harms our business or other users. We will provide notice and an opportunity to cure where practicable.

9.3 Effect of Termination

Upon termination, your right to use our services ends. You may export your data within 30 days. Deployed agents will continue to operate for 30 days to allow for transition, after which they will be decommissioned unless you make other arrangements.

10. General Provisions

Governing Law

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

Dispute Resolution

Any disputes shall be resolved through binding arbitration in San Francisco, California, under the rules of JAMS. Either party may seek injunctive relief in any court of competent jurisdiction.

Entire Agreement

These Terms, along with our Privacy Policy and any applicable Order Form, constitute the entire agreement between you and Operative regarding our services.

Modifications

We may update these Terms from time to time. Material changes will be communicated via email or through our platform at least 30 days before taking effect.