Terms of service

These Terms of Service ("Terms") govern your use of the Operify AI mobile application and related services (together, the "Service"), operated by Codedevza AI Ltd (Company No. 16485057, registered in England and Wales, 71–75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ) ("Operify", "we", "us", "our").

By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. The Service and your Organisation

Operify AI is workplace software. Access is provided to you by, or on behalf of, your employer or the organisation you work with ("your Organisation"), usually under a separate agreement between your Organisation and Operify (the "Customer Agreement").

• If there is any conflict between these Terms and the Customer Agreement, the Customer Agreement takes priority for matters between Operify and your Organisation.
• Your Organisation controls who may access the Service, what features and data you can see, and how long your account remains active.
• Your use of the Service may also be subject to your Organisation's own workplace policies.

2. Eligibility and accounts

• You must be at least 18 years old to use the Service.
• Accounts are created by invitation from your Organisation. You agree to provide accurate information and to keep it up to date.
• You are responsible for keeping your password confidential and for activity that occurs under your account. Tell your Organisation and us promptly if you believe your account has been compromised.
• You must not share your account, use another person's account, or record information on someone else's behalf unless the Service and your Organisation expressly allow it.

3. Licence to use the App

We grant you a limited, non-exclusive, non-transferable, revocable licence to install and use the App on devices you own or control, solely for legitimate workplace purposes in connection with your Organisation, and in accordance with these Terms and any applicable app store rules.

4. Acceptable use

You must not:

• use the Service for any unlawful purpose, or in breach of any applicable law or regulation;
• enter information you know to be false or misleading, including attendance, time, safety, incident, inspection, or compliance records;
• attempt to gain unauthorised access to the Service, other users' data, or our systems, or interfere with or disrupt the Service (including introducing malware or circumventing security or verification features, such as presence or location verification);
• copy, modify, distribute, sell, rent, reverse engineer, decompile, or create derivative works of the Service, except to the extent permitted by law;
• use the Service to harass, abuse, or harm others, or to upload content that is unlawful, defamatory, or infringes anyone's rights;
• use automated means to access the Service, or remove or obscure any proprietary notices.

We may suspend or terminate access for breach of this section.

5. Content and data you submit

• "User Content" means anything you submit through the Service (for example: entries, records, forms, photos, notes, and signatures).
• As between you and Operify, your Organisation owns or controls the work records created in the Service, in accordance with the Customer Agreement and its policies.
• You confirm you have the necessary rights to submit your User Content and that it does not infringe anyone else's rights.
• You grant Operify a worldwide, non-exclusive, royalty-free licence to host, store, process, transmit, and display User Content solely to provide and support the Service (and as otherwise described in our Privacy Policy).
• We may remove content that breaches these Terms or the law.

6. Important: safety and emergencies

The Service supports workplace processes (for example, recording incidents or completing safety-related forms), but it is not an emergency service and must not be used to summon emergency help. In an emergency, call the emergency services (999 in the UK / 112 in the EU) and follow your Organisation's emergency procedures. The Service does not replace your Organisation's legal duties (including health-and-safety and working-time obligations) or your own professional judgement.

7. Changes to the Service

The Service is under continuous development. Features may be added, changed, or removed at any time, and some features may depend on your Organisation's configuration or subscription. We are not liable to you if a feature changes or becomes unavailable, though your Organisation's rights under the Customer Agreement are unaffected.

8. Availability

We aim to keep the Service available and reliable, but we do not guarantee that it will be uninterrupted, error-free, or always available. Parts of the Service may work offline, syncing data when a connection is restored; you are responsible for maintaining a working device and connectivity where needed.

9. Third-party services and app stores

• The Service depends on third-party services (for example, hosting, storage, and email delivery). We are not responsible for third-party services we do not control.
• If you downloaded the App from the Apple App Store or Google Play, your use is also subject to their terms. The following applies where you obtained the App from Apple:

• These Terms are between you and Operify, not Apple. Apple has no obligation to provide maintenance or support for the App.
• In the event of any failure of the App to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation for the App.
• Apple is not responsible for addressing any claims relating to the App, including product liability, regulatory compliance, or consumer-protection claims.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
• You represent that you are not located in a country subject to a US Government embargo and are not on any US Government restricted-party list.

10. Intellectual property

The Service, including its software, design, and branding, is owned by Operify or its licensors and is protected by intellectual-property laws. Except for the licence in Section 3, no rights are granted to you. Feedback you give us may be used without restriction or obligation to you.

11. Privacy

Our collection and use of personal data is described in our Privacy Policy and, where applicable, your Organisation's own privacy notices. Please read them.

12. Disclaimers

To the maximum extent permitted by law, the Service is provided "as is" and "as available", and we exclude all implied warranties, conditions, and terms (including fitness for a particular purpose and non-infringement). We do not warrant that data entered by users or organisations is accurate or complete.

13. Limitation of liability

Nothing in these Terms excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be excluded or limited under the law of England and Wales.

Subject to the above, and to the maximum extent permitted by law:

• we are not liable to you for any loss of profits, loss of business, loss of data (to the extent caused by factors outside our reasonable control), or any indirect or consequential loss, arising out of or in connection with your use of the Service; and
• our total aggregate liability to you (as an individual end user who has not paid us any fee) arising out of or in connection with the Service is limited to £100.

If you use the Service under a Customer Agreement, remedies for Service failures are primarily a matter between Operify and your Organisation under that agreement. These Terms do not affect any statutory rights you have that cannot be excluded or limited.

14. Suspension and termination

• Your Organisation may suspend or remove your access at any time.
• We may suspend or terminate your access if you breach these Terms, if required by law, or if the Customer Agreement covering your access ends.
• You may stop using the Service at any time; to delete your account and data, see our Account & Data Deletion page.
• Sections that by their nature should survive termination (including 5, 10, 12, 13, and 16) will survive.

15. Changes to these Terms

We may update these Terms from time to time. We will post the updated Terms with a revised "Last updated" date and, where changes are material, take reasonable steps to notify you (for example, in-app). Your continued use of the Service after changes take effect constitutes acceptance.

16. Governing law and jurisdiction

These Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction, except that if you are a consumer resident elsewhere you may benefit from mandatory protections and courts of your country of residence where the law so provides.

17. General

If any provision of these Terms is found unenforceable, the remainder remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them to a successor of our business. These Terms (with the documents referred to in them and, where applicable, the Customer Agreement) are the entire agreement between you and us regarding the Service.

18. Contact

Codedevza AI Ltd, 71–75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ. Email hello@operifyai.co.uk.