Terms & Conditions

Effective Date: February 21, 2026

These Terms and Conditions ("Terms") govern your access to and use of the services, website, and related applications (collectively, the "Service") provided by Operatek LLC ("Operatek," "we," "us," or "our"), a New Mexico limited liability company. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Definitions

• "User," "you," or "your" refers to any individual or entity accessing the Service.
• "Service" refers to the Operatek platform, including chat-based business intelligence tools, analytics, forecasting features, website, APIs, and any related products or services.
• "Content" refers to any data, text, information, or materials submitted to or generated by the Service.

2. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. By using the Service, you represent and warrant that you meet these requirements.

3. Account Registration

Some features of the Service may require registration. You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted through your account. You agree to notify us immediately of any unauthorized use.

4. Use of the Service

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service in any way that violates applicable laws or regulations.
• Attempt to gain unauthorized access to any part of the Service or its systems.
• Use the Service to transmit malware, spam, or other harmful content.
• Reverse-engineer, decompile, or disassemble any part of the Service.
• Use the Service to compete directly with Operatek or to build a competing product.
• Resell, sublicense, or redistribute the Service without written permission.

5. Your Data

You retain ownership of any data you submit to the Service ("Your Data"). By using the Service, you grant Operatek a non-exclusive, worldwide license to use, process, store, and analyze Your Data solely for the purpose of providing and improving the Service.

We will not sell Your Data to third parties. We may use aggregated, anonymized data that cannot identify you or your business for research, analytics, and product improvement purposes.

6. Business Guidance Disclaimer

The Service provides business insights and recommendations based on data you provide. Operatek is not a financial advisor, accountant, attorney, or licensed professional service provider. All guidance, forecasts, predictions, and recommendations are generated algorithmically and should be treated as informational suggestions, not professional advice.

You are solely responsible for all business decisions you make. Operatek does not guarantee the accuracy, completeness, or reliability of any insight or recommendation provided through the Service. You should consult qualified professionals for financial, legal, or tax advice.

7. Service Availability

We strive to maintain continuous availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We are not liable for any loss resulting from Service downtime.

8. Fees and Payment

Certain features of the Service may require payment. Fees, billing cycles, and payment terms will be communicated to you before any charges are incurred. All fees are non-refundable unless otherwise stated. We reserve the right to modify pricing with 30 days' written notice.

9. Intellectual Property

The Service, including its design, code, algorithms, branding, and documentation, is the property of Operatek LLC and is protected by intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Service beyond the limited right to use it under these Terms.

10. Third-Party Services

The Service may integrate with third-party platforms (such as WhatsApp, social media platforms, or payment processors). Your use of those platforms is governed by their respective terms. Operatek is not responsible for the availability, accuracy, or conduct of third-party services.

11. Limitation of Liability

To the maximum extent permitted by law:

• Operatek shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service.
• Operatek's total liability for any claim arising from these Terms or the Service shall not exceed the amount you paid to Operatek in the twelve (12) months preceding the claim.
• Operatek is not liable for any business losses, lost profits, lost data, or business interruption resulting from use of or reliance on the Service.

12. Indemnification

You agree to indemnify, defend, and hold harmless Operatek, its officers, members, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from your use of the Service, your violation of these Terms, or your violation of any law or third-party rights.

13. Termination

Either party may terminate use of the Service at any time. We may suspend or terminate your access if you violate these Terms or if continued access poses a risk to the Service or other users. Upon termination, you may request export of Your Data within 30 days, after which we may delete it.

14. Modifications to Terms

We may update these Terms from time to time. Material changes will be communicated via the Service or email. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of New Mexico, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in Albuquerque, New Mexico. You waive any right to a jury trial or to participate in a class action.

16. Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Operatek regarding the Service and supersede all prior agreements.

18. Contact

For questions about these Terms, contact us at:

Operatek LLC
legal@operatek.com