Terms of Service

Last Updated: October 30, 2024

1. Introduction#

These Terms of Service (“Terms”) govern your access to and use of Operately’s cloud-based business management software and related services (the “Service”), operated by Operately doo, a company registered in Serbia (“Company,” “we,” “us,” or “our”). The Service is primarily accessible at app.operately.com and any associated subdomains or domains owned by the Company (collectively, the “Website”).

2. Service Definition#

2.1 Service Description#

Operately is a business management software platform that provides project management, goal tracking, and process management capabilities. The Service is provided as a cloud-based software-as-a-service (SaaS) offering.

2.2 Relationship to Open Source Software#

While Operately’s software is available as an open source project under the Apache 2.0 license, these Terms apply exclusively to the cloud-based Service provided by the Company. The use of the self-hosted, open source version of Operately is governed by the Apache 2.0 license and not these Terms.

3. Geographic Availability#

The Company reserves the right to restrict or deny access to the Service in jurisdictions where:

  • Providing the Service would violate applicable laws or regulations
  • International sanctions prohibit service provision
  • Local requirements make service provision impractical or unfeasible

Users are responsible for ensuring their use of the Service complies with their local laws and regulations.

4. User Eligibility and Accounts#

4.1 Eligibility#

To use the Service, you must:

  • Be at least 18 years old
  • Have the authority to enter into these Terms on behalf of yourself or the entity you represent
  • Not be prohibited from using the Service under applicable laws

4.2 Account Creation#

To access the Service, you must register for an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information as needed
  • Keep your account credentials secure
  • Notify us immediately of any unauthorized access

4.3 Account Responsibilities#

You are responsible for:

  • All activities that occur under your account
  • Maintaining the confidentiality of your login credentials
  • Ensuring your team members comply with these Terms

5. Service Plans and Pricing#

5.1 Free Tier#

The Service currently offers a free tier with limited features. We reserve the right to:

  • Modify the features included in the free tier
  • Introduce paid plans with additional features
  • Change our pricing structure upon notice to users

5.2 Future Changes#

We may introduce additional service tiers or modify existing ones by:

  • Providing advance notice to users
  • Allowing users to choose whether to upgrade or continue with existing features
  • Maintaining access to core features for existing free tier users

6. Data and Content#

6.1 Data Processing#

Our collection, use, and processing of personal data is governed by our Privacy Policy (available at https://operately.com/legal/privacy-policy), which is incorporated by reference into these Terms. By using the Service, you agree to our Privacy Policy.

6.2 Security Practices#

Our security practices and data protection measures are detailed in our Security Policy (available at https://operately.com/legal/security-policy). You acknowledge and agree that your use of the Service is subject to our Security Policy.

6.3 User Content#

“User Content” means any data, information, or material that users input or upload to the Service. You:

  • Retain ownership of your User Content
  • Grant us a license to store and process User Content to provide the Service
  • Are responsible for the legality and appropriateness of your User Content

6.4 Data Security#

We implement reasonable security measures to protect your data as described in our Security Policy, but you acknowledge that:

  • No data transmission over the internet is completely secure
  • You are responsible for backing up your User Content

7. Acceptable Use#

7.1 Usage Restrictions#

You agree not to:

  • Use the Service for any purpose other than its intended business management functions
  • Store or transmit malicious code, inappropriate content, or excessive amounts of non-business data
  • Attempt to gain unauthorized access to the Service or related systems
  • Use the Service for file sharing, data storage, or other purposes unrelated to the Service’s core functionality
  • Conduct performance testing, network monitoring, or automated data collection without our consent

7.2 Service Protection#

We reserve the right to:

  • Monitor usage patterns to detect abuse
  • Suspend or terminate accounts that violate these Terms
  • Remove any content that violates these Terms or applicable laws
  • Set and enforce reasonable storage, bandwidth, or other usage limits

8. Service Availability and Support#

8.1 Service Availability#

We will make reasonable efforts to ensure the Service is available and functioning properly. However:

  • We do not guarantee uninterrupted or error-free operation
  • We may perform maintenance or updates that temporarily impact availability
  • We will strive to provide advance notice of scheduled maintenance

8.2 Technical Support#

We provide support through our standard support channels for issues related to the Service’s core functionality.

9. Third-Party Services#

We use certain third-party services to provide essential features of the Service. A complete list of these services and their data processing activities is available in our Privacy Policy. By using our Service, you acknowledge and agree that these third-party services may process your data according to their respective terms of service.

10. Intellectual Property Rights#

10.1 Service Rights#

While the core Operately software is available under the Apache 2.0 license, the Service (including its configuration, hosting infrastructure, and any features specific to app.operately.com) is proprietary to the Company. All rights, title, and interest in and to the Service are and will remain the exclusive property of the Company and its licensors.

10.2 Trademarks#

The Operately name, logos, and any other trademarks, service marks, or trade names used by the Company are owned by the Company. Nothing in these Terms grants you the right to use any of our trademarks, service marks, or trade names.

10.3 User Content#

You retain all rights to your User Content. By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to host, store, and display your User Content solely for the purpose of providing the Service to you.

11. Disclaimers and Warranties#

11.1 Service Warranty#

The Service is provided “as is” and “as available” without warranties of any kind. We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

11.2 Reliability#

While we take reasonable steps to ensure the Service’s reliability and security, we do not warrant that:

  • The Service will be error-free or uninterrupted
  • Any defects will be corrected
  • The Service is free of harmful components
  • Data stored through the Service will be secure or not lost

12. Limitation of Liability#

12.1 Liability Cap#

To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from:

  • Your use or inability to use the Service
  • Any unauthorized access to your data
  • Any service interruption or cessation
  • Any loss of data or profits

12.2 Exclusions#

Nothing in these Terms excludes or limits our liability for:

  • Death or personal injury caused by our negligence
  • Fraud or fraudulent misrepresentation
  • Any other liability that cannot be excluded by law

13. Term and Termination#

13.1 Term#

These Terms remain in effect while you use the Service.

13.2 Termination#

We may suspend or terminate your access to the Service:

  • For violation of these Terms
  • If we believe your use poses a security risk
  • If required by law
  • Upon reasonable notice for any other reason

13.3 Effect of Termination#

Upon termination:

  • Your right to access the Service will cease
  • All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability

14. Changes to Terms#

We may modify these Terms at any time by posting updated Terms to our website. Your continued use of the Service after such changes constitutes acceptance of the modified Terms. We will make reasonable efforts to notify you of material changes.

15. Governing Law#

These Terms are governed by the laws of Serbia. Any disputes shall be subject to the exclusive jurisdiction of the courts of Serbia.

16. Miscellaneous#

16.1 Entire Agreement#

These Terms constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements and understandings.

16.2 Severability#

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

16.3 No Waiver#

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

16.4 Assignment#

You may not assign or transfer these Terms without the Company’s prior written consent. We may assign or transfer these Terms without restriction.