Legal
Terms of Service
Last updated 2026-08-27
These terms govern your use of OpCycle.
The agreement
When you use OpCycle you are entering an agreement with OpCycle, Inc., a Delaware corporation. We call ourselves "OpCycle," "we," and "us." We call you "you," and if you are using OpCycle for a company then "you" means that company.
If you are agreeing on behalf of a company, you confirm you are allowed to bind it. If you do not agree with these terms, do not use the service.
These terms apply however you reach OpCycle: on a trial, on a paid subscription, or through an account someone at your company invited you into.
If you have signed a separate written agreement with us covering the service, that agreement controls wherever it conflicts with these terms. Everything here that the signed agreement does not address still applies.
Two other documents form part of this agreement: our Privacy Policy, which sets out how we handle data, and our Data Processing Addendum, which applies whenever we process personal data on your behalf. You do not need to sign the addendum. It applies automatically.
What the service is
OpCycle is an operations platform. It connects to the systems your business already runs on, such as your store, your accounting ledger, and your warehouse system, and it reads your records out of them. From those records it builds forecasts, demand and production plans, purchasing suggestions, and reconciliations, and it presents decisions for you to approve.
It is a layer on top of your systems of record. It does not replace them.
We may add to the service, change how parts of it work, and retire features. When a change removes something you depend on, we will tell you before it takes effect.
Subject to these terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the service and its documentation for your own internal business operations, for as long as your subscription is active.
Your account
- Give accurate information when you register, and keep it current.
- You may let your employees and individual contractors use OpCycle on your behalf. We call them authorized users. You are responsible for what they do here and for keeping account credentials safe.
- You are responsible for what happens under your account. Tell us at hello@opcycle.ai if you think someone else has access to it.
- Administrators on your account can see, change, export, and delete the data in it, and can control who else has access. If your account is your company's, your company controls it.
Acceptable use
You will not, and will not let anyone else:
- copy, modify, or create derivative works of the service;
- reverse engineer or decompile the service, or try to derive its source code, except where the law says you may;
- rent, lease, resell, or run the service for another business as a service bureau;
- work around any security control, access control, or usage limit;
- attack the service, scrape it, or overload it;
- use the service to build a competing product or service;
- use the service in violation of the law, or to store or transmit anything unlawful; or
- attempt to reach another customer's data.
That last one ends an account on the first occasion.
The systems you connect
You decide which systems to connect to OpCycle, and you can disconnect any of them at any time. We access a connected system only as you have authorized, and only to provide the service to you.
We are not responsible for those systems: not for whether they are available, not for what they do with your data under their own terms, and not for the accuracy of what they give us. If one of them goes down or changes how it works, parts of OpCycle can go quiet until it comes back.
Where the numbers come from
The figures OpCycle shows you are derived from the systems you connect and the assumptions you enter. If a record is wrong upstream, it will be wrong here. We are not responsible for errors, gaps, or delays in the data those services give us.
The system proposes, you commit
Every forecast, recommendation, plan, and figure the platform produces is information for a decision, never the decision itself. It is a starting point for your judgment, not a substitute for it. Every operational and financial decision stays yours: what to make, what to buy, what to ship, what to promise, what to pay.
Because the decisions are yours, the outcomes are yours. We are not liable for the business results of decisions you make on the data or the suggestions the platform shows you.
Nothing OpCycle produces is financial, accounting, tax, legal, or other professional advice. Where a decision needs a professional, use one.
Output, and how it is generated
Parts of the service generate text, summaries, and briefings using automated systems, including large language models. Output is generated from your data and from the assumptions in your account. It can be wrong, and it can be incomplete. Review it before you rely on it, and validate it against your existing planning process while you are learning what the service does well.
Output belongs to you. As between us, output derived from your data is your data.
Your data
Your data stays yours. You keep every right in it that you had before you connected it. Your data means everything submitted to or collected by the service by you or for you, including historical sales, pricing, forecasts, inventory records, account and customer lists, supplier information, bills of materials, formulations, and recipes, together with everything we receive through the integrations you authorize. It includes the output the service produces from all of that.
You give us one narrow license, for as long as your account is open: to host, copy, process, transmit, and display your data as necessary to provide, configure, tune, and support the service for you, and to comply with the law. We get no other rights in it.
What we will not do with it
- We will not sell it, and we will not share it for anyone's advertising.
- We will not use it to serve another customer, or to generate output for another customer.
- We will not use it to train, develop, or improve any machine learning or artificial intelligence model, ours or anyone else's. This one has no exceptions.
- We will not use it to compete with you, or to help anyone else compete with you.
- We will not disclose it to anyone outside the service providers described in the Privacy Policy, each of which is bound to use it only to provide the service to you.
These commitments bind OpCycle and every company under common ownership or control with us.
Aggregated and de-identified data
We may create aggregated and de-identified data from platform activity and use it to operate, secure, and improve the service. Aggregated and de-identified data must not identify you, must not identify any individual, must not reveal your data, and must not be capable of being traced back to you. It is never your raw records, never your formulations, recipes, bills of materials, customer lists, or pricing, and it is never disclosed in any form that identifies a customer.
If we ever offer a feature that compares your performance against other businesses, taking part will be your choice, and it will be off until you turn it on.
Technical logs
We keep operational logs of how the service runs: which data pull ran, what it fetched, what failed and why. These make the platform supportable and let you see your own integration errors. We use them to operate, secure, and improve the platform.
Export and deletion
You can export your data at any time while your account is open, and when you leave.
When your account ends, we make your data available for export in a common format for thirty days. After that we delete it from our systems within thirty days. Copies inside routine backups are deleted on their own schedule, and stay protected by the confidentiality section until they are.
Confidentiality
Each of us will receive information from the other that is not public. Confidential information means anything one of us discloses that is marked confidential, or that a reasonable person would understand to be confidential from its nature and the circumstances.
Yours includes your data, your formulations, your recipes, your bills of materials, your supplier and customer lists, your pricing, and your business plans. Ours includes the software, the documentation, and our non-public roadmap and pricing.
Whoever receives it will use it only to perform under this agreement, will protect it with at least the care they use for their own confidential information and never less than reasonable care, and will not disclose it to anyone except employees, contractors, and advisors who need to know it and are under obligations at least as protective as these.
This does not cover information that is public without anyone breaking this agreement, that the recipient already knew without restriction, that a third party provided without breaking an obligation, or that the recipient developed independently.
If the law compels disclosure, the recipient may disclose, and will give prompt notice where that is legally permitted, plus reasonable help to contest or narrow it.
These obligations last five years after this agreement ends. Trade secrets, including formulations and recipes, stay protected for as long as they remain trade secrets under the law.
Security
We maintain a written information security program with administrative, physical, and technical safeguards designed to protect your data, in line with industry standards for cloud services of our kind. We will share it with you on request. It includes:
- encryption of your data in transit and at rest;
- logical separation of your data from other customers' data;
- role-based access controls, so access inside OpCycle is limited to people who need it to run the service;
- regular backups; and
- vulnerability management, and confidentiality obligations on our personnel.
If we become aware that someone has gained unauthorized access to your data, we will tell you without undue delay and in any event within seventy-two hours, with the information you reasonably need and what we have done about it.
We use third-party hosting and infrastructure providers to run the service. Each is bound in writing to confidentiality and security terms no less protective than these, may access your data only as needed to host and operate the service, and may not use it for anything else. We stay responsible for how they perform. A current list is available on request.
Privacy and personal data
Our Privacy Policy explains what we collect and what we do with it. To the extent your data includes personal data, we process it only as a processor acting on your documented instructions, under our Data Processing Addendum, which is part of this agreement.
Fees and billing
OpCycle is sold as a subscription and billed through our payment processor.
- New organizations may start with a free trial. We say how long it runs when you sign up. When it ends, the subscription begins unless you cancel first.
- Fees are charged in advance for each billing period and renew automatically for the same period until you cancel.
- Fees are not refundable except where the law requires it. Canceling stops the next renewal. It does not refund the period you are in.
- Prices can change. We will give you at least thirty days' notice before a change takes effect, and it takes effect on your next renewal. If you do not want to continue, cancel before then.
- Fees are exclusive of taxes. You are responsible for any sales, use, VAT, or similar taxes, other than taxes on our income.
- If a payment fails we will tell you. If it stays unpaid we may suspend the account until it is settled.
Support and availability
We work hard to keep OpCycle running, and we provide support on commercially reasonable efforts. These terms do not include an uptime commitment or a service level agreement. If you need one, it belongs in a signed agreement.
Where we agree to help you get started, for example by ingesting your historical records, setting up your account and channel structure, or tuning forecast parameters, we will do that as described in your order or in writing between us.
We may suspend your access, in whole or in part, if your account is unpaid, if we reasonably believe it presents a security risk, if it is being used unlawfully, or if it is harming the service or another customer. Except where the risk requires us to act first, we will tell you before we suspend and we will restore access once the cause is resolved.
Our software
The platform, its software, its design, its documentation, and our brand belong to us, along with every improvement to them, and so do the operational logs and the aggregated and de-identified data described above. This agreement gives you the right to use the service. It gives you no rights in the software itself.
If you send us feedback or an idea, we can use it to make the product better, with no obligation to you. Feedback never includes your data or your confidential information, and our use of feedback will never disclose either.
Indemnification
What we cover. We will defend you against a third-party claim that the service, used as this agreement allows, infringes that party's intellectual property rights, and we will pay the damages finally awarded or the settlement we agree to. If a claim like that arises, we may modify the service, replace it, or, if neither is reasonable, end the agreement and refund the unused portion of what you have prepaid. We do not cover claims arising from your data, from your use of the service in violation of this agreement, or from combining the service with something we did not supply.
What you cover. You will defend us against a third-party claim arising from your data, from your lack of the rights needed to give it to us, or from your use of the service in violation of this agreement or the law, and you will pay the damages finally awarded or the settlement you agree to.
Either way, the party seeking cover gives prompt notice, hands control of the defense to the other, and provides reasonable cooperation. The defending party will not settle in a way that admits fault or imposes an obligation on the other without their consent.
Warranty
We work hard to keep OpCycle running and accurate, and we cannot promise perfection. It will sometimes be down and it will sometimes be wrong.
TO THE EXTENT PERMITTED BY LAW, AND EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, THE SERVICE, THE DOCUMENTATION, AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND OPCYCLE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THIS PARAGRAPH DOES NOT LIMIT OUR OBLIGATIONS UNDER THE SECTIONS TITLED YOUR DATA, CONFIDENTIALITY, SECURITY, AND PRIVACY AND PERSONAL DATA.
Limits on liability
TO THE EXTENT PERMITTED BY LAW, AND EXCEPT FOR THE UNCAPPED MATTERS BELOW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST SALES, LOST OR SPOILED INVENTORY, OR LOST DATA, EVEN IF ADVISED THAT THEY WERE POSSIBLE.
EXCEPT AS STATED BELOW, EACH PARTY'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE FEES YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE. IF YOU HAVE PAID US NOTHING, THAT LIMIT IS ONE HUNDRED DOLLARS ($100).
FOR OUR BREACH OF THE SECTIONS TITLED YOUR DATA OR SECURITY, THAT LIMIT IS THREE TIMES THE FEES YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE.
THE UNCAPPED MATTERS. NO LIMIT IN THIS SECTION APPLIES TO: (A) YOUR OBLIGATION TO PAY FEES; (B) EITHER PARTY'S INDEMNIFICATION OBLIGATIONS; (C) EITHER PARTY'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD; OR (D) ANY LIABILITY THE LAW DOES NOT ALLOW US TO LIMIT.
Ending the agreement
You can end this agreement at any time by canceling your subscription.
We can end it too, on notice, and immediately if the account is being used in a way that breaks the acceptable use rules. Either of us may end it immediately if the other materially breaches this agreement and does not fix the breach within ten days of written notice.
When it ends, your access stops, we follow the export and deletion timetable in the section on your data, and each of us returns or destroys the other's confidential information on request, apart from routine backups.
The sections that should outlive the agreement do: your data, confidentiality, our software, indemnification, warranty, limits on liability, and governing law, along with any fees you already owe.
Publicity
We may use your name and logo to identify you as a customer, on our website and in our materials. If you would rather we did not, tell us at hello@opcycle.ai and we will stop.
You need our permission before using our name, logo, or trademarks. Permission by email is enough.
Export controls and sanctions
You confirm that you are not located in a country under a comprehensive embargo, that you are not on a restricted or denied party list, and that you will not use the service in violation of export control or sanctions law.
Changes to these terms
When we update these terms we move the date at the top and post the new version. If a change is material, we will give you notice through the service or by email before it takes effect. If you keep using OpCycle after that, you accept the new terms.
General
- Assignment. Neither of us may assign this agreement without the other's consent, except to a successor in a merger, an acquisition, or a sale of substantially all assets, on notice. Any other attempt to assign is void.
- Notices. Notices go in writing, by email, to the address on your account and to hello@opcycle.ai for us.
- Force majeure. Neither of us is liable for delay or failure to perform, other than an obligation to pay, caused by something beyond reasonable control.
- Independent contractors. We are independent contractors. This agreement creates no partnership, joint venture, agency, or employment relationship.
- Severability and waiver. If a provision is unenforceable, it is narrowed to the minimum extent needed and the rest stands. A waiver counts only if it is in writing, and it does not waive anything later.
- No third-party beneficiaries. This agreement is between you and us.
- Entire agreement. This agreement, with the Privacy Policy and the Data Processing Addendum, is the whole agreement about its subject and replaces everything said before it. It can be amended only in writing, and by us only as described under changes to these terms.
- Acceptance. You accept this agreement by clicking to accept it or by using the service. That acceptance has the same effect as a signature.
- Governing law and venue. Delaware law governs, without regard to its conflict of laws rules. Disputes belong to the state and federal courts sitting in Delaware, and both sides agree to that.
Contact
OpCycle, Inc. Questions, requests, and complaints all go to hello@opcycle.ai, and a person reads them.
See also our Privacy Policy and our Data Processing Addendum.