Terms of Service

Last updated: [launch date]

These Terms of Service ("Terms") govern your access to and use of Operanse (the "Service"), operated by JES WEB PTY LTD (ABN 38 667 034 148) ("we", "us", "our"). By creating an account, installing the Operanse agent on a website, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. The Service

Operanse monitors WordPress and WooCommerce websites that you operate or are authorised to monitor. It consists of a hosted service (the dashboard, API and MCP server) and a WordPress plugin (the "agent") that you install on your site. The agent reads operational information from your site — software inventory, counts, statuses, amounts, durations, error classes — and sends it to the Service, which learns how your site normally behaves, detects deviations, groups them into incidents, estimates their business impact and notifies you.

The agent is read-only. It has no capability to change your site's content, configuration, code, database or files, and the Service has no feature that instructs it to. The agent does not collect the personal information of your site's visitors or customers (see our Privacy Policy).

2. Eligibility and accounts

You must be at least 18 years old and able to form a binding contract. You are responsible for the accuracy of the information you provide and for all activity under your account. Keep your credentials secure and notify us promptly of any unauthorised use.

3. Organisations and team accounts

If you use the Service as part of an organisation, the organisation's owners and administrators may manage members, roles, sites and data within that organisation. You represent that you are authorised to act on behalf of any organisation you register or join, and that you are authorised to install the agent on, and monitor, every site you pair with the Service.

4. Plans, billing and trials

Paid plans are billed through our payment processor, Stripe, monthly or annually as selected. Plans are billed per paired production site; staging and development environments are not charged. Fees are stated in USD and are exclusive of taxes unless stated. A new organisation receives a trial of the Insight plan; at its end a payment method is required to continue.

You authorise us (via Stripe) to charge your payment method on a recurring basis until you cancel. You may cancel at any time; access continues until the end of the current billing period. Except where required by law, fees are non-refundable. Metered charges (for example AI reviews beyond a plan's included allowance) are billed only where you have switched them on and set a ceiling.

5. Acceptable use

Your use of the Service is subject to our Acceptable Use Policy. You must not misuse the Service, interfere with its operation, or use it to monitor sites you are not authorised to monitor.

6. The agent

The agent is open to inspection and is provided under the licence stated in its source. You are responsible for installing and configuring it on your own hosting, including the two host-level settings its documentation describes. The agent is designed to fail open: a failure of the Service must not affect your site's operation, and the agent makes no network call to the Service during a visitor's request. We do not operate, administer or have access to your hosting.

7. Your content and data

You retain ownership of the data the agent sends from your site and of the data you submit. You grant us a limited licence to host, process and display that data solely to provide the Service, including to learn your site's baselines and to generate reports and reviews about it. Our handling of personal information is described in our Privacy Policy.

8. AI-generated content

Some plans include reviews produced with the assistance of a third-party AI model. A review is generated from labelled evidence collected by the Service and cites that evidence; it is an aid to your own investigation and may be incomplete or wrong. We record the provenance of every statement (observed, discovered, inferred from source, or AI-inferred) and never present an AI inference as an observed fact. You are responsible for any decision you make on the basis of a review.

9. Intellectual property

The Service, including its software, design, and the Operanse™ name and logo, is owned by JES WEB PTY LTD and protected by law. Operanse™ is a trademark of JES WEB PTY LTD. We grant you a limited, non-exclusive, non-transferable right to use the Service in accordance with these Terms.

10. Third-party services

The Service relies on third parties (for example Stripe for billing, Mailgun for email and Anthropic for AI reviews). Your use of those services may be subject to their terms. We are not responsible for third-party services.

11. Disclaimers

The Service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all warranties, express or implied. Operanse is a monitoring and reporting tool. It does not guarantee that any fault, outage, failed payment or other condition will be detected or reported, or detected within any particular time. It is not a substitute for backups, security scanning, your hosting provider's monitoring or your payment provider's own records, and does not provide financial, legal or security advice.

12. Consumer law

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or other law that cannot lawfully be excluded.

13. Limitation of liability

To the maximum extent permitted by law, our aggregate liability arising out of or relating to the Service is limited to the amount you paid us in the twelve months before the event giving rise to the liability. We are not liable for indirect, incidental or consequential losses, including lost revenue on a monitored site.

14. Suspension and termination

We may suspend or terminate your access if you breach these Terms or to protect the Service. You may stop using the Service, uninstall the agent and close your account at any time. Sections that by their nature should survive termination will survive.

15. Changes to these Terms

We may update these Terms from time to time. We will post the updated Terms with a new "Last updated" date and, where appropriate, notify you. Continued use after changes take effect constitutes acceptance.

16. Governing law

These Terms are governed by the laws of Victoria, Australia, and you submit to the non-exclusive jurisdiction of the courts of that jurisdiction.

17. Contact

Questions about these Terms: legal@operanse.com. JES WEB PTY LTD (ABN 38 667 034 148), 1/26 Ellingworth Parade, Box Hill VIC 3128, Australia.