OpenFn Terms of Service

We’re committed to providing a safe, secure, and straightforward experience for our customers. You’ll need to accept the following terms in order to use OpenFunction.io, OpenFn.org, and the integration platform as a service that we offer, so please take the time to read and understand them. If you’re using Open Function on behalf of your company, please make sure that you’re allowed to agree to our terms.

We’ve done our best to make our terms easily understandable by summarizing them in plain English, but we always include the legal language in full in italics. Note that by agreeing to our terms of service, you are agreeing to the language in italics.

Introduction

Summary: By using our service you agree to our terms of service as listed below.

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://openfn.org or openfunction.io website/software-as-as-service application (the “Service”) operated by Open Function Group Inc. (“us”, “we”, or “our”). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service. Please note that by agreeing to these terms of service you are also agreeing to the standard privacy agreement which can be found at https://openfn.org/privacy.

Communications

Summary: By creating an OpenFn account, you agree to receive newsletters and other promotional materials from us. You can always opt out of these communications by following the link and instructions to unsubscribe included in our emails.

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Subscriptions

Summary: To save you the trouble of having to renew your service every month, any subscription you buy will be automatically renewed. You’ll need to provide us with valid credit or debit card details which will allow us to process your payment, which we will bill on a monthly basis. In case there’s a problem with the payment, we will send you instructions for how to proceed manually and give you a deadline by which we need to receive the payment.

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Open Function Group Inc. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Open Function Group Inc. customer support team.

A valid payment method, including a credit or debit card, is required to process the payment for your Subscription. You shall provide Open Function Group Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Open Function Group Inc. to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Open Function Group Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

Summary: If you use a free trial of our platform we may ask you to enter your billing information, but we will not charge you unless your trial expires. Once your trial expires we may automatically charge you for the applicable subscription unless you cancel your subscription.

Open Function Group Inc. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Open Function Group Inc. until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Open Function Group Inc. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Plan Limits & Data Storage

Summary: OpenFn is designed to move data between systems, but not to be used as a data storage location. To facilitate auditing and reprocessing, we store data on our servers for a limit period of time. The various plans available on OpenFn offer different levels of activity history storage. Details can be found at https://openfn.org/pricing.

Activity History (inbound messages and all runs) are stored for review for a limited period of time:

• Free plans provide 90 days of activity history
• Solo & Startup plans provide 180 days of activity history
• Growth plans provide 365 days of activity history with automatic exports
• Enterprise plans are subject to a custom SLA which specifies activity history storage

Fee Changes

Summary: If we do ever change our fees, we’ll be sure to let you know to give you the chance to cancel your subscription before the change goes into effect. If you then continue to use our service, you agree to be billed for the updated amount going forward.

Open Function Group Inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Open Function Group Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Summary: Payments are non-refundable, except when required by law. If you have made a mistake you can always ask our team for an exception, but we cannot make any guarantees.

Except when required by law, paid Subscription fees are non-refundable.

Content

Summary: You retain all rights to any content you submit or share on Open Function. You are responsible for making sure the content you submit or share does not violate any legal, privacy, or other rights. We may terminate your account if you are found to be infringing on a copyright. Open Function will not use any content you submit or share through our service without your written consent. Any other content you find on Open Function belongs to us and may only be used with our permission.

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service.

Open Function Group Inc. has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of Open Function Group Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Accounts

Summary: Only persons 18 or older have permission to access our service. You are responsible for providing us with accurate, updated information. You are also responsible for maintaining the confidentiality and secure use of your computer, account and password. If you do ever experience an unauthorized use of your account or other breech of security, it’s important that you notify us immediately.

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Copyright Policy

Summary: We respect the intellectual property rights of others and will respond to any claim that posted content infringes on copyright. We may hold you accountable for fees or damages due to your misrepresentation or copyright infringement of content through our site. If you are a concerned copyright owner, follow the instructions below to submit a claim.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to dmca@openfn.org, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

Summary: To submit a notification according to the Digital Millennium Copyright Act, follow the instructions below.

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
• a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
• identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at dmca@openfn.org

Intellectual Property

Summary: Our service, features, functionality, and any original content is our property protected by law and may not be used without our prior consent.

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Open Function Group Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Open Function Group Inc..

Links To Other Web Sites

Summary: Open Function may contain links to other sites not operated by us. If you click on a third party link, you may be directed to a site where we cannot assume responsibility for policies and practices. We cannot be held responsible for any damages or losses caused by connection to or use of any third party content or services.

Our Service may contain links to third party web sites or services that are not owned or controlled by Open Function Group Inc.

Open Function Group Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Open Function Group Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

Summary: While unlikely, we reserve the right to suspend or terminate your account. You may terminate your account by discontinuing the use of our service. The terms in this policy continue past termination, including ownership, liability, and other disclaimers.

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

Summary: By using our service, or by any person with your account and password using our service, you agree to defend and hold harmless Open Function, our staff, and associated persons against claims, damages, liabilities, etc. This holds true in the case of a breach of these terms of service and/or for content posted or submitted through our service.

You agree to defend, indemnify and hold harmless Open Function Group Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

Summary: Open Function, our staff, or associated persons will not be liable for damages due to access or inability to access our service, third party content or conduct, content obtained from our service, or unauthorized access, use, or transmission of content. Read below for more details.

In no event shall Open Function Group Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Summary: Your use of our service is at your own risk. While we strive our upmost to implement and maintain industry-leading procedures and practices, we cannot guarantee that the service will be uninterrupted, secure or available, that all errors will be corrected, that our service will be free of viruses, or that the results of using our service will meet your needs.

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Open Function Group Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Summary: If your jurisdiction does not allow, some of the limitations above may not apply to you.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

Summary: These terms are governed by and interpreted in accordance with the laws of New York, United States. If we do not enforce any right or provision, that will not be considered a waiver of those rights. These terms constitute the complete agreement between us regarding our service and supersedes all others. If any provision in these terms is invalid or unenforceable, the remaining provisions will remain in effect.

These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

Summary: If we do make changes, we will update the policy here and notify you at least 30 days prior to the changes taking effect. Your continued use of our services after the update means that you consent to the updated terms.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms of Service, please contact us: legal@openfn.org.