1. Acceptance
By accessing or using Opyris, you agree to be bound by this End User License Agreement and any related policies that Opyris makes available to you. If you are accepting this agreement on behalf of a company, employer, or other entity, you represent that you have authority to bind that entity.
If you do not agree to this agreement, do not access or use the service.
2. License
Subject to your compliance with this agreement, Opyris grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the service for your internal business purposes.
You may not copy, modify, distribute, sell, lease, reverse engineer, decompile, or otherwise attempt to derive source code from the service except where prohibited from restricting such rights by applicable law.
3. Accounts and security
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must promptly notify Opyris of any suspected unauthorized access, misuse, or security incident involving your account or tenant environment.
4. Acceptable use
You will not use the service to:
- violate any applicable law, regulation, or third-party right;
- store, transmit, or distribute malicious code or harmful content;
- interfere with, disrupt, or degrade the integrity or performance of the service;
- attempt unauthorized access to any tenant, account, system, or network;
- use the service to build or support a competing product using Opyris confidential information.
5. Customer data
As between the parties, you retain responsibility for the data, content, employee information, schedules, messages, and other materials that you or your users submit to the service.
You represent and warrant that you have all rights, permissions, and legal authority necessary to submit and use that data in connection with the service, including any required employment, privacy, and workplace notices or consents.
6. Availability and changes
Opyris may update, improve, suspend, or discontinue portions of the service from time to time. While Opyris will generally aim to provide reasonable notice for material changes, you acknowledge that some changes may occur immediately for security, legal, or operational reasons.
7. Fees
If your use of the service is subject to a subscription, pilot, or paid plan, you agree to pay all fees and applicable taxes in accordance with the pricing or order terms presented to you at the time of purchase or renewal.
Except where required by law or expressly stated otherwise, fees are non-refundable.
8. Third-party services
The service may interoperate with third-party services such as email providers, payment processors, identity providers, mapping services, or push-notification infrastructure. Opyris is not responsible for the acts, omissions, availability, or security of third-party services that it does not control.
9. Ownership
Opyris and its licensors retain all right, title, and interest in and to the service, including all software, documentation, branding, designs, workflows, and related intellectual property. No rights are granted to you other than the limited license expressly set out in this agreement.
10. Disclaimers
The service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Opyris disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted service, and error-free operation.
Opyris does not warrant that the service will be uninterrupted, secure, or free from defects, or that it will satisfy your legal, payroll, labour, HR, tax, or compliance obligations. You remain responsible for your business decisions and legal compliance.
11. Limitation of liability
To the fullest extent permitted by law, Opyris and its officers, directors, employees, contractors, affiliates, licensors, and suppliers will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, data, or use, arising out of or relating to the service or this agreement, even if advised of the possibility of such damages.
To the fullest extent permitted by law, the aggregate liability of Opyris arising out of or relating to the service or this agreement will not exceed the greater of: (a) the amounts paid by you to Opyris for the service during the three months preceding the event giving rise to the claim; or (b) one hundred Canadian dollars (CAD $100).
12. Indemnity
You will defend, indemnify, and hold harmless Opyris and its officers, directors, employees, contractors, affiliates, licensors, and suppliers from and against any claims, demands, actions, proceedings, damages, losses, liabilities, judgments, settlements, penalties, fines, costs, and expenses, including reasonable legal fees, arising out of or related to:
- your use of the service;
- your data or content;
- your breach of this agreement;
- your violation of applicable law, regulation, or third-party rights;
- employment, payroll, scheduling, privacy, or workplace disputes connected to your operation of the service.
13. Termination
Opyris may suspend or terminate your access to the service at any time if you breach this agreement, if required by law, or if your use of the service creates security, legal, or operational risk.
Upon termination, the license granted under this agreement ends immediately and you must stop using the service.
14. Governing law
This agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict of law principles. You agree that the courts located in Ontario, Canada will have exclusive jurisdiction over disputes arising out of or relating to this agreement, except where applicable law requires otherwise.
15. Contact
Questions about this agreement may be directed to Opyris at legal@opyris.ca.