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Last Updated: 2/03/2025

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and OpsAlien LLC (“OpsAlien,” “we,” “us,” or “our”), a Washington State limited liability company with its principal business address at 5217 61st DR NE, Marysville, WA 98270. By accessing or using our services, you agree to be bound by these Terms.

1. Definitions

For purposes of these Terms, the following definitions apply:

  • Service: Access to our AI+human-powered community promotion system that identifies social conversations and posts brand mentions on behalf of the Customer.
  • Brand Mention: Any publicly placed comment, reply, or post that references the Customer’s company name, brand name, DBA name, or product name.
  • Order: A one-time engagement for 350 brand mentions priced at $499, or a monthly subscription for 350 brand mentions at $399, as purchased via our Stripe payment processor.
  • Platform: Any social media or online forum on which our system may post brand mentions. Note that platforms may be added, removed, or modified at any time without notice, and the Customer does not choose specific platforms.
  • Customer Data: Any information provided by you, including details about your brand, product, and target audience.
  • Approval Option: The feature allowing a Customer to review and approve brand mentions prior to publication. All mentions are first checked by our human team, and if approval is enabled, you must review them in a timely manner.
  • Third-Party Providers: Software or service providers (e.g., OpenAI, Google, Airtable, HarpaAI, BrowserFlow, Make.com, Zapier, Anthropic, etc.) through which parts of your brand information may be processed.

2. Scope of Services

OpsAlien LLC provides you with access to an automated community promotion system that:

  • Learns about your brand and product.
  • Monitors 20+ social platforms for relevant conversations.
  • Drafts and (if applicable) sends natural, helpful brand mentions that reference your brand.
  • Provides you with an optional approval process to review mentions before they go live.

Service may be purchased as a one-time order (350 mentions for $499) or on a monthly subscription basis (350 mentions per month for $399).

3. Customer Obligations and Representations

By using our Service, you agree that you will:

  • Provide accurate, current, and non-infringing information about your brand, product, and target audience.
  • Choose your approval option at registration; if opting for approval, you agree to review and approve mentions daily to ensure timely publication.
  • Not submit orders if your business operates in prohibited industries, including but not limited to financial, fiduciary, adult entertainment, gambling, cryptocurrency, healthcare, or any other highly regulated sector. OpsAlien reserves the right to decline any order at its sole discretion.

4. Payment, Refunds, and Cancellations

  • Pricing: One-time orders are billed at $499 for 350 mentions; monthly subscriptions are billed at $399 per month, with payments processed via Stripe.
  • Refunds: No refunds are provided. In the event you are unsatisfied with your service, OpsAlien will continue to provide additional brand mentions until you have received a full order that meets your satisfaction.
  • Cancellation: Monthly subscribers may cancel via the “Billing” section of their dashboard. Cancellation prevents future billing but does not affect the current month’s allotment of 350 mentions.

5. Liability Disclaimer and Limitation

  • No Liability for Brand Mentions: OpsAlien shall not be liable for any harm, reputational damage, or legal claims arising from brand mentions placed on your behalf. This includes but is not limited to any direct, indirect, incidental, consequential, or punitive damages.
  • Third-Party Platform Risks: We use our own accounts to post mentions. However, we are not responsible for account suspensions, bans, or any adverse changes in third-party platform policies.
  • Comprehensive Liability Limitation: ALL DAMAGES, WHETHER DIRECT OR INDIRECT, ARE DISCLAIMED. Your use of our Service is entirely at your own risk.
  • Arbitration Requirement: Any legal proceedings related to these Terms or the Service must first be submitted to arbitration in Washington State. The arbitration process will be administered in a manner chosen by OpsAlien, and you agree that you will be responsible for all legal fees and costs associated with such arbitration.

6. No Warranty

The Service is provided on an “AS IS” and “AS AVAILABLE” basis without any warranties of any kind—express, implied, or statutory. OpsAlien makes no warranty that:

  • The Service will be uninterrupted, error-free, or meet your requirements.
  • The brand mentions will be accurate, reliable, or effective for any particular purpose.
  • Any third-party software or services integrated with our Service are free of defects, viruses, or harmful components.

7. Indemnification

You agree to indemnify, defend, and hold harmless OpsAlien LLC and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:

  • Your use of the Service;
  • Any breach of these Terms by you;
  • Any content you provide that infringes on any third-party rights.

This indemnification obligation does not apply to damages caused by OpsAlien’s gross negligence or willful misconduct.

8. Intellectual Property and Content Ownership

  • OpsAlien Ownership: All materials, processes, and content (including pre-approved drafts and final brand mentions) produced by OpsAlien in connection with the Service remain the exclusive property of OpsAlien.
  • Customer License Grant: By using the Service, you grant OpsAlien a non-exclusive, royalty-free license to use your brand name, trademarks, and provided content solely for the purpose of delivering the Service.
  • No Transfer of IP: Nothing in these Terms transfers any ownership rights in your intellectual property to OpsAlien.

9. Data, Privacy, and Security

  • Data Collection and Use: We collect reasonable data necessary to operate the Service. We do not sell your data to third parties.
  • Security: OpsAlien uses industry-standard measures to protect your data. However, you acknowledge that no security system is infallible.
  • Third-Party Data Processing: In delivering the Service, your information may be processed by third-party providers (e.g., OpenAI, Google, Airtable, etc.). You accept this as necessary for Service operation and are responsible for ensuring these providers meet your data privacy requirements.
  • Compliance: We adhere to applicable data protection regulations (e.g., GDPR, if applicable).

10. Termination and Suspension

  • Termination Rights: Either party may terminate this agreement for breach of these Terms, non-payment, misuse of the Service, or any other reason at its sole discretion.
  • Effect of Termination: If terminated, any pending brand mentions for a one-time order or the current month’s allotment will continue to be placed. Your obligations under these Terms (including confidentiality and indemnification) will survive termination.
  • OpsAlien’s Right to Cancel: OpsAlien reserves the right to cancel the Service at any time, for any reason, without prior notice.

11. Dispute Resolution and Governing Law

  • Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Washington.
  • Dispute Resolution: Any dispute arising from these Terms or the Service shall first be submitted to mediation and, if unresolved, to binding arbitration in Washington State. You agree that any arbitration proceedings will be conducted in accordance with rules chosen by OpsAlien, and you will bear all related costs.
  • Venue: In the event that any dispute proceeds to court, the exclusive jurisdiction and venue shall be the state or federal courts located in Washington State.

12. Amendments, Notices, and Miscellaneous

  • Amendments: We may amend these Terms at any time. We will notify you at least 24 hours before any changes go live by updating your account information or via email. Your continued use of the Service after the changes constitutes your acceptance of the new Terms.
  • Force Majeure: OpsAlien shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including natural disasters, acts of war, or changes in law.
  • Entire Agreement: These Terms constitute the entire agreement between you and OpsAlien regarding your use of the Service and supersede any prior agreements.
  • Notices: All notices must be in writing and sent to OpsAlien LLC at 5217 61st DR NE, Marysville, WA 98270 or via our designated support email support@opsalien.com.

13. Additional Disclosures

By using our Service, you acknowledge that in the process of delivering brand mentions, your information (including your brand, company, or product details) may be transmitted to or processed by third-party providers. You agree that it is your responsibility to ensure that these platforms comply with your own data privacy and security requirements.

14. Contact Information

For any questions regarding these Terms or our Service, please contact us at:

OpsAlien LLC
5217 61st DR NE, Marysville, WA 98270
Email: support@opsalien.com