1.1 Acceptance and Eligibility

By creating an account, accessing, registering for, or using the Services, you agree to be bound by these Terms of Service. You must be at least 18 years old and have authority to bind your organization, employer, or client entity to these Terms. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs through your account.

1.2 Description of Services

OperationWorks provides cloud-based operational management software, workflow tools, inspection tracking, compliance-check support, task management, work notification systems, and related operational applications for enterprise clients, including care facilities, municipalities, and corporate operations.

1.3 License and Acceptable Use

Subject to these Terms and any applicable Order Form, Statement of Work, Data Processing Addendum, or Business Associate Agreement, OperationWorks grants authorized users a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for internal business operations.

You may not misuse the Services. Prohibited conduct includes attempting to reverse engineer the platform, scrape or harvest platform data without authorization, bypass security controls, interfere with platform performance, upload unlawful or malicious content, use the Services to send unauthorized or marketing messages, or use the Services in a manner that violates applicable law or any third-party terms that govern integrated services.

1.4 Customer Data and Processing

Clients retain all right, title, and interest in files, profiles, tasks, inspection reports, work orders, compliance records, resident, patient, constituent, operational, and other records uploaded to or processed through the Services (“Customer Data”). OperationWorks receives a limited, non-exclusive, worldwide, royalty-free license to host, process, transmit, display, and store Customer Data solely as necessary to provide, maintain, secure, and support the Services.

Where OperationWorks processes Customer Data on behalf of a corporate client, that processing is governed by the applicable Order Form, Data Processing Addendum (“DPA”), Business Associate Agreement (“BAA”), or similar written agreement. If there is a conflict between this document and an executed DPA or BAA, the executed DPA or BAA controls for the data and services covered by that agreement.

1.5 SMS/Text Messaging Terms

Certain Services include automated, non-marketing text notifications for operational purposes, including compliance checks, escalations, assigned tasks, due items, work assignments, inspection updates, and related operational alerts. SMS/text messaging is governed by Section 3 of this document. OperationWorks does not send marketing, promotional, or advertising text messages through this program.

1.6 Third-Party Services and Integrations

The Services may interact with or depend on third-party ecosystems and service providers, including Google APIs, Microsoft authentication services, cloud hosting providers, database infrastructure, Twilio messaging infrastructure, and storage or document management providers. Your use of integration features may be subject to the independent terms and policies of those third parties.

1.7 Fees and Payment

If fees apply, your organization agrees to pay the subscription, licensing, usage, implementation, and other fees described in the applicable Order Form, Statement of Work, invoice, or written agreement. Unless expressly stated otherwise in writing, fees are non-refundable.

1.8 Intellectual Property

The Services, including software, designs, algorithms, workflows, user interfaces, documentation, templates, trademarks, service marks, and other intellectual property, are owned by OperationWorks or its licensors. Except for the limited license described in these Terms, no ownership rights are transferred to you or your organization.

1.9 Warranties and Disclaimers

The Services are provided on an “as is” and “as available” basis, except to the extent expressly stated in a written agreement signed by OperationWorks. To the maximum extent permitted by law, OperationWorks disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

1.10 Limitation of Liability

To the maximum extent permitted by law, OperationWorks will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, loss of goodwill, or loss of data, even if advised of the possibility of such damages. To the maximum extent permitted by law, OperationWorks’ total aggregate liability arising out of or relating to the Services will not exceed the amounts paid to OperationWorks by the applicable client for the Services during the twelve (12) months preceding the event giving rise to the claim.

1.11 Indemnification

You agree to defend, indemnify, and hold harmless OperationWorks, its affiliates, officers, directors, employees, contractors, and agents from and against third-party claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to your misuse of the Services, violation of these Terms, violation of law, or unauthorized use or submission of Customer Data.

1.12 Suspension and Termination

You may stop using the Services at any time, subject to any applicable corporate contract terms. OperationWorks may suspend or terminate access to the Services if we reasonably believe that you or your organization materially breached these Terms, created a security or legal risk, misused the Services, or failed to pay required fees. Upon termination, data return, retention, and deletion will be handled under the applicable written agreement, DPA, BAA, or retention schedule.

1.13 Governing Law and Dispute Resolution

These Terms and any dispute arising out of or relating to them will be governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law rules. Any dispute resolution process, venue, arbitration requirement, or other dispute procedure stated in an applicable signed Order Form, Statement of Work, or master services agreement will control.

1.14 Changes to the Terms

OperationWorks may update these Terms from time to time. Updates will be posted with a revised effective date. Where changes are material, OperationWorks will provide notice through the Services, by email, or by another reasonable method. Continued use of the Services after an updated version becomes effective constitutes acceptance of the updated Terms.

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Contact and Notices

Legal, privacy, and SMS/text messaging questions may be directed to:

OperationWorks, LLC

Email: info@operationworks.com

Phone: 800-299-2521

Website: https://www.operationworks.com

Mailing Address: 6 Liberty Square, Unit 510 Boston, MA 02109