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Terms of Service

Last updated: May 5, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the OperonSuite website (operonsuite.com) and the products and services we provide (collectively, the "Services"). By accessing our website, signing up for a Service, or otherwise agreeing to these Terms, you agree to be bound by them. If you do not agree, do not use our website or Services.

These Terms form a binding contract between you (the "Client" or "you") and OperonSuite ("OperonSuite," "we," "us," or "our"). Please read them carefully — Section 18 contains a mandatory arbitration agreement and class-action waiver that affects your legal rights.

2. Services

OperonSuite provides digital products and services for small businesses, including:

  • Operon Sites — custom-built websites, hosting, content management, search engine optimization (SEO), AI search optimization (AEO), lead capture, review automation, and ongoing support.
  • Operon Flow — mobile applications for client booking, scheduling, and operations.
  • Operon Core — business operations software for orders, inventory, customers, invoicing, and reporting.
  • Operon AI — AI-powered workflow automation for internal processes.
  • Operon Suite — bundled access to multiple OperonSuite products on custom terms.
  • Audit services — one-time paid reviews of a client's website, Google Business Profile, reviews, and search visibility.
  • Custom development services — additional engineering and design work outside the scope of our standard product subscriptions.

The specific scope, deliverables, timeline, and pricing for each engagement are agreed upon separately prior to commencement, whether through an order form, statement of work, online plan signup, or other written agreement (each, an "Order"). In the event of a conflict between these Terms and an Order, the Order controls for that engagement only.

We may update, modify, or discontinue features of the Services at any time, with or without notice. We will use reasonable efforts to provide advance notice of material changes that adversely affect your use of the Services.

3. Eligibility

By using our Services, you represent that you are at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself and any business or entity you represent. You agree to provide accurate, current, and complete information when signing up, and to maintain that information's accuracy. You are responsible for safeguarding any account credentials and for all activity under your account.

4. Subscriptions, Auto-Renewal, and Payment

Subscription terms. Most OperonSuite Services are offered on a month-to-month or annual subscription basis. By subscribing, you authorize us to charge your designated payment method on a recurring basis at the rate stated in your Order. Subscription fees are billed in advance for each billing period (monthly or annual).

Auto-renewal. Your subscription will automatically renew at the end of each billing period at the same plan and frequency, on the same payment method, until you cancel. We will charge your payment method on the renewal date without further notice unless required by law. By signing up, you expressly authorize this recurring charge. You may cancel auto-renewal at any time as described in §5.

Price changes. We may change subscription pricing with at least 30 days' written notice (by email to the address associated with your account). Price changes take effect on your next billing cycle following the notice period. If you do not agree to the new pricing, you may cancel before the change takes effect.

One-time fees and project-based work. One-time fees (such as audit services, custom development work, paid migration services, or setup fees) are billed according to the schedule in your Order.

Taxes. Fees do not include sales, use, or similar taxes, which are your responsibility unless otherwise stated.

No refunds. All fees are non-refundable except as expressly required by applicable law or as explicitly stated in your Order. Cancellation does not entitle you to a refund of fees paid for the current billing period.

Currency. All fees are stated and charged in U.S. dollars unless otherwise specified.

Failed or unpaid payments. If a recurring charge fails or any invoice is not paid by the due date, we may retry the charge, suspend the Services, or terminate your account. You are responsible for keeping your payment method current and your account in good standing.

5. Cancellation and Termination

By you. You may cancel your subscription at any time by contacting us at the address in §22 or through any cancellation method we provide in your account or order portal. Cancellation takes effect at the end of the current billing period — you will retain access to your Services through that date (or, for annual subscriptions paid in advance, through the end of the paid annual term) and will not be charged for the next billing period. We do not provide pro-rated refunds for cancellations that take effect mid-period. We do not charge early-cancellation fees.

Service-zone exclusivity (Dominate). Where the Dominate plan includes service-zone exclusivity, OperonSuite commits not to onboard a competing business in your defined zone for a minimum of twelve (12) months from your start date, for as long as your subscription remains active. Cancellation by you ends your service-zone exclusivity immediately upon the effective cancellation date but does not create any additional payment obligation beyond the standard cancellation terms above.

By us. We may suspend or terminate your access to the Services at any time for material breach of these Terms, non-payment, harm to our systems or other clients, or where required by law. Where reasonably practical and not otherwise prohibited, we will provide notice and an opportunity to cure before termination.

Effect of termination. Upon cancellation or termination of any Service:

  • Your hosted website, application, or other deliverable will remain accessible through the end of the paid period and then be suspended or taken offline.
  • You retain ownership of your domain name and any content you provided to us.
  • All licenses granted to you under §6 (Intellectual Property) immediately cease, except as expressly continued in writing.
  • You remain responsible for any unpaid fees through the termination date.
  • Sections of these Terms that by their nature should survive termination (including §§ 6, 9, 11, 14, 15, 16, 17, 18, 19, and 20) will survive.

Migration assistance is available as a paid service. Migration of custom design files, source code, or platform-specific deliverables to another provider is not included in standard cancellation. We may offer this on request as a separate paid engagement; pricing depends on scope.

6. Intellectual Property and Website Ownership

Your content. All text, images, photos, logos, trademarks, and other materials you provide to us ("Client Content") remain your property. You grant OperonSuite a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, display, and distribute Client Content solely as necessary to provide the Services described in your Order. You represent and warrant that you own or have the necessary rights to provide all Client Content and that our use of it as authorized will not infringe the rights of any third party.

Your domain. Any domain name you purchase, register, or bring to us remains your property. We will never claim rights to your domain. Upon cancellation, we will assist with the transfer of DNS or domain control as reasonably needed.

Our platform and deliverables. All custom designs, code, software, templates, frameworks, infrastructure, configurations, automations, copy and creative materials drafted by us, internal tools, integrations, methodologies, processes, and improvements developed or used in connection with the Services (collectively, "OperonSuite IP") are and remain the sole property of OperonSuite. OperonSuite IP includes the work product we create for your engagement, even where that work product is custom-built around your business.

License to use during your subscription. During the term of your active subscription and provided you are in good standing (current on payment and not in material breach), we grant you a worldwide, non-exclusive, non-transferable, non-sublicensable license to access and use OperonSuite IP solely for your business purposes and as contemplated by your Order. This license terminates immediately upon cancellation, non-payment, or breach.

Purchase of design and code on cancellation. If you wish to take design files or source code we created for your engagement to another provider after cancellation, you may purchase a one-time transfer of those specific deliverables for a fee. The fee, scope, and form of the transfer (such as exported design files or static HTML/CSS/JS) will be agreed in writing prior to transfer. We are not obligated to transfer proprietary platform code, internal tooling, integrations with third-party services, or anything not specifically built as a deliverable in your Order.

AI-generated content. Outputs we generate using AI tools while delivering the Services are part of OperonSuite IP and licensed to you on the same basis as any other OperonSuite IP, subject to the third-party terms of the underlying AI tools.

Feedback. Any feedback, suggestions, or ideas you provide regarding the Services may be used by us without restriction or compensation to you.

Trademarks. "OperonSuite," "Operon Sites," "Operon Flow," "Operon Core," "Operon AI," and our logos are trademarks of OperonSuite. You may not use them without our prior written consent, except to identify OperonSuite as your service provider.

7. Text Messaging Services

Where the Services include sending or receiving SMS messages on your behalf or on behalf of your business — including, without limitation, missed-call text-back, appointment reminders, review request automation, marketing texts, and confirmation flows — the following terms apply.

You are the sender. When SMS messages are sent from your business name, phone number, or short code, you are the legal "sender" of those messages under the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act (for any commercial messages), and applicable state laws and carrier rules.

Your warranties. You represent and warrant that:

  • You have obtained valid prior express written consent (or other legally sufficient consent) from each recipient of any automated SMS message, in compliance with the TCPA, FCC rules, and CTIA Messaging Principles and Best Practices.
  • Your forms, sign-up flows, and consent capture mechanisms include all disclosures required by law and by our platform requirements (including a clear statement of message purpose, the brand name, message frequency, opt-out instructions, and that consent is not a condition of purchase).
  • You will not send SMS messages to anyone who has opted out, who has not consented, or who is on a state, federal, or wireless do-not-call list (where applicable).
  • Your SMS content will not contain content prohibited by the TCPA, CTIA guidelines, applicable carrier policies, or law (including SHAFT-content categories: sex, hate, alcohol, firearms, tobacco — except where you have completed any required additional registration and we have approved that use).

A2P 10DLC and registration. You agree to provide accurate registration information for A2P 10DLC compliance and to comply with all carrier-required vetting and brand registration processes. Inaccurate registration may result in suspension of SMS Services.

Opt-out compliance. You agree that all SMS messages sent through our platform will honor opt-outs (STOP keyword), provide help (HELP keyword), and include the brand name and identification required by law. We may automatically apply default opt-out and help responses on your behalf where required.

Suspension. We may suspend or terminate SMS Services immediately, without notice, if we believe in good faith that your use violates the TCPA, CTIA guidelines, carrier rules, or these Terms, or if a carrier directs us to do so.

Indemnification specific to SMS. You agree to indemnify and hold OperonSuite harmless from any claims, damages, fines, penalties, or expenses (including reasonable attorneys' fees) arising from or related to (i) SMS messages sent on your behalf, (ii) your failure to obtain or maintain proper consent from message recipients, or (iii) your violation of the TCPA, CAN-SPAM, CTIA guidelines, or applicable carrier rules. This indemnification obligation is in addition to, and not in lieu of, the general indemnification in §15.

8. AI Services and Limitations

The Services include features powered by artificial intelligence (AI), including content drafting, search optimization, customer interaction routing, and analytics. AI tools used in the Services are provided by third-party AI providers and are subject to those providers' terms.

No guarantees about AI behavior. We do not guarantee the accuracy, completeness, availability, or behavior of AI-generated content or AI-powered features. AI outputs may contain errors, omissions, or inaccuracies and should not be relied upon as a substitute for professional, legal, financial, medical, or other expert advice.

Human review. Where appropriate, AI outputs are subject to human review before being delivered or published. You remain responsible for reviewing and approving AI-generated content used in your business.

Prohibited AI uses. You agree not to use the Services to generate content that is illegal, infringes intellectual property rights, harasses or defames any person, contains malware, attempts to deceive or impersonate, or violates third-party AI provider policies.

9. Performance Disclaimers and Service Results

The Services are intended to support your business, but the Services do not guarantee any specific business outcome. Without limiting the foregoing, we do not warrant or guarantee:

  • Search engine rankings, positions, or visibility on Google, Bing, or any other search engine.
  • Citations, mentions, or visibility in AI search tools, AI Overviews, or large language models (including ChatGPT, Perplexity, Claude, Gemini, or any other AI-powered search or answer engine).
  • The volume, quality, or value of leads, calls, bookings, form fills, conversions, sales, customer acquisition, or revenue.
  • Website traffic, page views, click-through rates, or any specific user-engagement metric.
  • Star ratings, review counts, sentiment, or reputation outcomes.
  • Outcomes from email or SMS marketing campaigns.

Any examples, projections, case studies, testimonials, or estimates we share are illustrative only and do not constitute a promise, guarantee, or representation of similar results. Outcomes depend on many factors outside our control, including your industry, market, competitive landscape, content quality, your own marketing efforts, customer experience, and the actions of third-party platforms.

Best efforts only. We will provide the Services with reasonable skill and care, but the success of any campaign or engagement is a shared responsibility and is not guaranteed.

10. Third-Party Platforms

The Services depend on or interact with third-party platforms, including search engines, AI providers, hosting providers, payment processors, social media platforms, advertising networks, mapping services, review platforms, and SMS carriers (collectively, "Third-Party Platforms").

Third-Party Platforms operate independently of OperonSuite and may, at any time and without notice:

  • Change their algorithms, ranking criteria, policies, terms, or fee structures.
  • Suspend, restrict, or disable accounts, listings, or content.
  • Modify, remove, or replace features the Services rely on.
  • Experience outages, errors, or performance issues.

You acknowledge and agree that we are not responsible or liable for any change, action, inaction, outage, or decision made by any Third-Party Platform, including any resulting impact on your rankings, visibility, leads, traffic, deliverability, or revenue. Where a Third-Party Platform changes its rules in a way that affects the Services, we will use reasonable efforts to adapt; however, we may need to modify or discontinue features that are no longer feasible.

11. Client Responsibilities and Warranties

You agree to:

  • Provide accurate, current, and complete information when signing up and throughout the engagement.
  • Provide all materials, content, access credentials (including Google Business Profile, domain, social, advertising, and analytics accounts), brand assets, and approvals reasonably necessary for us to deliver the Services.
  • Respond to reasonable requests for information, feedback, or approvals in a timely manner. Delays caused by your non-response may extend timelines and remain your responsibility.
  • Maintain the confidentiality of your account credentials and notify us promptly of any unauthorized access.
  • Comply with all applicable laws and regulations in your use of the Services and your business operations.

You represent and warrant that:

  • You own or have the necessary rights, licenses, consents, and permissions to provide all materials and Client Content to us, and our authorized use will not infringe the rights of any third party.
  • The information you provide about your business and customers is accurate.
  • You have all required consents from end users (including SMS recipients, email recipients, and customers whose data you provide to us).
  • You are not using the Services for any illegal, fraudulent, deceptive, or harmful purpose.

12. Marketing Use and Testimonials

You grant OperonSuite a non-exclusive, royalty-free license to:

  • Identify you by your business name, logo, and brand in our marketing materials, website, portfolio, social media, and case studies as a client of OperonSuite.
  • Use screenshots, recordings, or descriptions of work delivered under our engagement (such as your website or campaigns we run for you) for these purposes.
  • Reference aggregated, anonymized performance metrics from our work together.

We will not disclose your confidential business information without your consent. You may opt out of public marketing references at any time by sending a written request to the contact in §22. Upon opt-out, we will remove your business name, logo, and identifiable references from our marketing materials within a reasonable period.

13. Acceptable Use

You agree not to use the Services to:

  • Violate any applicable laws or regulations.
  • Distribute spam, malware, viruses, phishing content, or any malicious or harmful code.
  • Send communications (including SMS or email) without legally sufficient consent.
  • Infringe the intellectual property, privacy, publicity, or other rights of any person or entity.
  • Engage in fraudulent, deceptive, harassing, defamatory, or harmful activity.
  • Generate or distribute content involving minors in any sexual or exploitative manner.
  • Reverse engineer, decompile, copy, or attempt to extract the source code of any OperonSuite IP.
  • Resell, sublicense, or make the Services available to any third party except as expressly permitted.
  • Attempt to gain unauthorized access to our systems or other clients' data, or interfere with the integrity or performance of the Services.
  • Use the Services to compete directly with OperonSuite or to develop a competing product.

We reserve the right to suspend or terminate the Services immediately, without refund, for violations of this Section.

14. Confidentiality

"Confidential Information" means any non-public information that one party shares with the other in connection with the Services and that is reasonably understood to be confidential, including business plans, customer lists, financial information, technical information, and the terms of any Order. Each party agrees to protect the other party's Confidential Information using reasonable measures, to use it only for the purposes of the engagement, and not to disclose it to third parties except to its own personnel and contractors who are bound by similar confidentiality obligations or as required by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless OperonSuite, its owners, officers, employees, contractors, agents, and affiliates from and against any and all claims, damages, losses, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Services or your violation of these Terms.
  • Your Client Content, materials, or instructions provided to us.
  • Your violation of any law, regulation, or third-party right (including intellectual property, privacy, publicity, or contract rights).
  • Any claim by an SMS or email recipient relating to communications sent on your behalf (in addition to the SMS-specific indemnification in §7).
  • Any claim by your customers, users, or other third parties relating to your business, products, or services.

We will promptly notify you of any claim subject to indemnification and reasonably cooperate in the defense at your expense. You may not settle any claim that imposes any obligation or admission on us without our prior written consent.

16. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPERONSUITE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION OBTAINED FROM US, WHETHER ORAL OR WRITTEN, CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

No indirect or consequential damages. OPERONSUITE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST GOODWILL, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Liability cap. OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, FOR ANY AND ALL CLAIMS, WILL NOT EXCEED THE TOTAL FEES YOU PAID TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS (USD $100), WHICHEVER IS GREATER.

Basis of the bargain. THE LIMITATIONS IN THIS SECTION ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN YOU AND OPERONSUITE AND APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

18. Dispute Resolution and Mandatory Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND WAIVES YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

Informal dispute resolution. Before initiating any formal dispute, the parties will first attempt to resolve the dispute informally by sending a written notice describing the dispute and the requested relief to the contact in §22. The parties will negotiate in good faith for at least sixty (60) days following such notice before pursuing arbitration or any other formal action.

Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that is not resolved informally will be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, except as modified herein. The arbitration will be conducted by a single arbitrator. The seat and place of arbitration will be Plano, Texas, unless the parties agree otherwise in writing. Arbitration may proceed by document submission, telephone, or video conference where reasonable. The arbitrator's decision will be final and binding, and judgment may be entered on the award in any court of competent jurisdiction.

Class-action waiver. YOU AND OPERONSUITE AGREE TO BRING ANY DISPUTE ONLY IN AN INDIVIDUAL CAPACITY. YOU MAY NOT BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. IF THIS WAIVER IS HELD UNENFORCEABLE FOR A PARTICULAR CLAIM, THAT CLAIM WILL BE SEVERED AND PROCEED IN COURT, BUT ALL OTHER CLAIMS WILL REMAIN IN ARBITRATION.

Exceptions. Either party may (i) bring an individual action in small claims court for any qualifying claim, or (ii) seek injunctive or other equitable relief in court to protect its intellectual property rights or confidential information.

Opt-out. You may opt out of this arbitration agreement by sending written notice to us at the contact in §22 within thirty (30) days of first agreeing to these Terms. Your notice must include your name, business name, and a clear statement that you wish to opt out of arbitration. If you opt out, neither party will be required to arbitrate disputes, but all other terms continue to apply.

19. Governing Law and Venue

These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws principles. For any matter not subject to arbitration under §18 (including small claims and equitable relief actions), the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Collin County, Texas.

20. General Provisions

Force majeure. Neither party will be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, pandemics, government action, labor disputes, internet or utility outages, or third-party platform failures. The affected party will use reasonable efforts to resume performance as soon as practicable.

Severability. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent, and any attempted assignment without consent is void. We may assign these Terms in connection with a merger, acquisition, sale of assets, financing, or similar transaction.

Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, agency, or franchise relationship.

Notices. Notices to OperonSuite must be sent to the address in §22. Notices to you may be sent to the email address associated with your account or by posting on our website.

Electronic communications and signatures. You agree that we may communicate with you electronically and that electronic signatures and acceptances satisfy any legal requirement that a record or signature be in writing.

Entire agreement. These Terms, together with any Order and any policies referenced herein (including our Privacy Policy), constitute the entire agreement between you and OperonSuite regarding the Services and supersede all prior agreements, understandings, or communications, whether oral or written.

21. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page with a revised "Last updated" date and, where required by law or where the change materially affects your rights, by email to the address associated with your account. Continued use of our website or Services after the effective date of any change constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.

22. Contact Us

If you have questions about these Terms, please contact us: