Effective Date: July 1, 2025

Terms of Service

This Terms of Service ("Agreement") constitutes a legally binding contract between Operator Labs, Inc ("OL," "we," "us," or "our"), and you, as a user ("User," "Users," "you," or "your") with respect to the use of any OL Services, including our websites, software, applications, or other services (collectively, our "Services"). By accessing or using the Services, you agree to be bound by this Agreement, our Privacy Policy (https://operatorlabs.ai/legal/privacy), and, if applicable, any Master Service Agreement (MSA) entered into between OL and you.

A subset of our Services includes hosted, software-as-a-service (SaaS) offerings that enable customers to design, deploy, and manage AI Agents that handle tasks such as bookings, reservations, customer support, payments, and integration with third-party systems like CRMs and medical record platforms (collectively, the "Cloud Services"). Users who subscribe to or access the Cloud Services are referred to in this Agreement as "Cloud Customers."

It is important that you carefully read and understand the terms and conditions of this Agreement. If you are using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to this Agreement. By accessing or using our Services, you consent to abide by this Agreement. If you do not agree with the terms and conditions of this Agreement, you are not authorized to use the Services.

1. Compliance with Laws

Your use of the Services must comply with all applicable laws, including copyright, trademark, export control, and other laws in your jurisdiction and ours. You are responsible for ensuring that your use of the Services complies with all applicable laws and regulations and that you have all of the necessary rights and consents to permit us to provide you the Services.

2. Permitted Uses

License

Subject to full compliance with this Agreement, OL grants you a nonexclusive, nontransferable, non-sublicensable, terminable license to access and use our Services.

Services

The services, features, and information provided through our Services, including but not limited to data, text, graphics, designs, logos, images, audio/visual materials, AI-generated outputs, links, and references (collectively, the "Information"), are provided for use in connection with our Services. For Cloud Customers, this includes a license to use the Cloud Services solely for your internal business operations to develop and operate AI Agents.

Order Forms for Cloud Services

Any purchase, subscription, or license of Cloud Services shall be made pursuant to an Order Form mutually agreed upon and executed by OL and the applicable Cloud Customer. In the event of a conflict between the terms of this Agreement and an executed Order Form, the terms of the Order Form shall control with respect to the Cloud Services provided thereunder.

Unauthorized Use

You agree not to, and will not allow others to:

  • Rent, lease, sell, sublicense, or otherwise make the Services available to third parties
  • Reverse engineer, disassemble, or decompile any part of the Services
  • Use the Services to infringe on intellectual property, privacy, or other rights
  • Upload or transmit malicious code, viruses, or other harmful content
  • Interfere with system integrity, access, or security
  • Circumvent usage restrictions or access controls
  • Use the Services for benchmarking, competitive analysis, or unauthorized copying
  • Remove or obscure any proprietary notices or branding

3. Third Party Links

Our Services may contain links to third-party websites or services for your convenience. The inclusion of such links does not indicate any approval or endorsement by OL. We do not control these third-party websites and disclaim all liability for such use.

4. Information Collected

Use of our Services includes the submission of data and personal information through our online forms, use of our Services or integrations with your systems. You agree to submit personal information, including your name, email address, phone number, job title, and other information provided by you or your users during the use of our Services.

5. IP Ownership

Ownership

Our Services, including the Cloud Services, are owned and operated by OL and its licensors. All content and materials made available through the Services, including but not limited to software, algorithms, models, AI-generated outputs, documentation, and other Information (collectively, "OL Content"), are and shall remain the sole and exclusive property of OL or its licensors.

Use of the Cloud Services may involve the creation or customization of AI Agents by Cloud Customers. As between the parties, Cloud Customers shall retain all right, title, and interest in and to any unique prompts, configuration logic, and customer-specific workflows or data inputs used to build or operate their AI Agents ("Customer Materials"). However, OL retains ownership of all underlying software, models, tools, and infrastructure.

Feedback

By submitting any Feedback regarding the Services, you agree that such Feedback is non-confidential and becomes the sole property of OL. OL will be free to use, reproduce, disclose, and otherwise exploit such Feedback without restriction or any obligation to compensate you.

OL Trademarks

The trademarks and logos displayed on our Services are the registered and unregistered trademarks of OL. Nothing in this Agreement should be construed as granting any license or right to use any Trademark without the express written permission of OL.

6. DMCA Notices

If you are a copyright owner and believe that any content on our Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
  • Identification of the copyrighted work claimed to have been infringed
  • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit OL to locate the material
  • Information reasonably sufficient to permit OL to contact you
  • A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner

You can send your notice to [email protected] and by mail to the address in Section 13 below.

7. No Use by Children

You hereby affirm that you are over the age of 16, as these Services are not intended for children under 16. If you are under 16 years of age, you may not use our Services.

If we discover that we have collected personal information from a user under the age of 16 without verified parental consent, we will delete such information as soon as possible. If you believe a child under 16 has provided us with personal information, please contact us at [email protected].

8. Term & Termination

This Agreement is effective from the date you first access our Services. OL may suspend or terminate this Agreement and/or your access to and use of our Services at any time and for any reason, with or without cause, without prior notice. Upon termination, your right to use our Services shall immediately cease, and you shall destroy all copies of Information obtained from our Services. All disclaimers, limitations of liability, and OL's rights of ownership shall survive any termination.

9. Disclaimers

OUR SERVICES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

THERE IS NO WARRANTY THAT OUR SERVICES, INCLUDING AI AGENTS OR AI-GENERATED OUTPUTS, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, OR SECURE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR SERVICES.

10. Limitation of Liability

NEITHER OL NOR ANY OF ITS AGENTS, SUCCESSORS, OR ASSIGNS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) ARISING OUT OF OR RELATING IN ANY MANNER TO OUR SERVICES, INFORMATION, AI AGENTS, AI-GENERATED OUTPUTS, AND/OR ANY LINKED SERVICES.

YOUR SOLE REMEDY WITH RESPECT TO ANY CLAIMS RELATED TO THESE SERVICES IS TO STOP USING OUR SERVICES AND A FULL REFUND OF THE FEES PAID FOR THE SERVICES.

11. Indemnification

You agree to fully indemnify, defend, and hold OL, its agents, successors, and assigns, and OL's directors, officers, employees, consultants, and other representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement; (b) any allegation that any materials you submit infringe or otherwise violate the copyright, patent, trademark, or other rights of any third party; (c) your activities in connection with our Services; and/or (d) your negligence or willful misconduct.

12. Other Jurisdictions

OL makes no representation that our Services operate (or are legally permitted to operate) in all geographic areas or that our Services are appropriate or available for use in other locations. Accessing our Services from territories where our Services or any content or functionality thereof is illegal is expressly prohibited.

13. Notice

By using our Services, you consent to receive electronic communications from OL. Any notice to OL must be provided by both:

  1. sending an email to [email protected], and
  2. providing a copy by certified mail, return receipt requested, to:
    Operator Labs, Inc
    455 Market St, Suite 1940, PMB 34452
    San Francisco, CA, 94105-2448, US

14. AI Use

Our Cloud Services allow Cloud Customers to develop, deploy, and manage AI Agents that facilitate business workflows such as customer bookings, appointment scheduling, inbound inquiry handling, payment processing, and integration with Customer CRMs, medical records, and other third-party platforms. Cloud Customers are solely responsible for configuring and monitoring their AI Agents to meet their business requirements, including ensuring the accuracy of responses and compliance with applicable laws.

Cloud Customers acknowledge that AI Agents operate probabilistically and may produce outputs that are incorrect or unexpected. OL recommends that Cloud Customers implement human review workflows for high-risk outputs or transactions. OL disclaims liability for AI Agent outputs except as expressly provided in a separate written agreement.

15. No Waiver

No delay or omission by either party in exercising any rights under this Agreement will operate as a waiver of that or any other right. Any waiver must be in writing and signed by an authorized representative of OL.

16. Assignment

Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with OL's prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. OL may assign, transfer, or delegate this Agreement or any right or obligation in its sole discretion.

17. Right to Change Terms

We reserve the right at any time, with or without cause, to: (a) change the terms and conditions of this Agreement; (b) change our Services; or (c) deny or terminate your use of and/or access to our Services.

Any changes will be effective immediately upon posting to our Services. Your continued use of our Services after such changes constitutes your acceptance of the revised Agreement.

18. Mediation and Arbitration

Any controversy between the parties to this Agreement involving the construction or application of any of its terms, provisions, or conditions shall, upon written request of either party, be submitted first to mediation and then, if still unresolved, to binding arbitration. Such mediation or binding arbitration shall comply with and be governed by the provisions of the American Arbitration Association for Commercial Disputes unless the parties stipulate otherwise.

19. Governing Law & Venue

This Agreement shall be governed in all respects by the laws of the United States and the State of Delaware, without regard to conflict of law principles. Any legal action or proceeding arising under or relating to this Agreement shall be brought exclusively in the state or federal courts located in Wilmington, Delaware.

20. Class Action Waiver

To the maximum extent permitted by applicable law, you and OL agree to only bring disputes in an individual capacity and shall not seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity.

21. Enforceability

If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of the remaining provisions.

22. Entire Agreement

This Agreement, along with our Privacy Policy and, if applicable, any Master Service Agreement (MSA) entered into between OL and you, constitutes the entire agreement between OL and you with respect to your use of our Services and supersedes all prior agreements, whether written or oral, concerning such relationship.