The agreement governing your use of the Opsite platform.
Effective Date: May 16, 2026
Welcome to Opsite. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Opsite Solutions LLC, a Delaware limited liability company ("Opsite," "we," "us," or "our"), governing your access to and use of the Opsite platform, including our website at useopsite.com, mobile applications, APIs, and all related services (collectively, the "Service").
IMPORTANT: BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE. THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS.
Opsite is a cloud-based construction project management platform designed to help contractors, general contractors, subcontractors, and construction professionals manage their operations. The Service includes, but is not limited to:
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
You must be at least 18 years old and have the legal capacity to enter into binding contracts to use the Service. By using the Service, you represent and warrant that you meet these requirements. If you are using the Service on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.
To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account.
You must immediately notify us at security@useopsite.com if you discover or suspect any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.
The Service is offered through various subscription plans, which may include free trials, monthly subscriptions, and annual subscriptions. The features available to you depend on the subscription plan you select.
You agree to pay all fees associated with your subscription plan. Fees are non-refundable except as expressly set forth herein or as required by applicable law. We reserve the right to change our fees upon 30 days' notice. Continued use of the Service after a fee change constitutes acceptance of the new fees.
Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize us to charge your payment method on file for the renewal.
All fees are exclusive of taxes. You are responsible for paying all applicable taxes, including sales tax, use tax, VAT, and other similar taxes.
You agree not to use the Service to:
We reserve the right to investigate and take appropriate action against any violation, including removing content, suspending or terminating accounts, and reporting to law enforcement.
If you enable SMS or WhatsApp features, you authorize Opsite to send messages on your behalf through Twilio, Inc. and to deliver delivery-status webhooks back to your account. You represent and warrant that:
You shall defend, indemnify, and hold Opsite harmless from any claim, suit, or regulatory action arising from your SMS or WhatsApp use, including without limitation claims under the Telephone Consumer Protection Act (47 U.S.C. § 227), the Florida Telephone Solicitation Act (Fla. Stat. § 501.059), the Washington Consumer Electronic Mail Act (RCW 19.190), the Oklahoma Telephone Consumer Protection Act, and any analogous federal or state statute. This indemnity survives termination.
Opsite reserves the right to suspend SMS for any account with a complaint rate above industry-standard A2P 10DLC thresholds or upon receipt of a TCPA notice of intent to sue.
If you enable the time-clock, GPS, or live-map features for your employees, you represent and warrant that you have provided each affected employee with written notice of electronic monitoring as required by the laws of the state(s) in which they work, including without limitation Cal. Penal Code § 637.7, CCPA notice-at-collection obligations under Cal. Civ. Code § 1798.100(b), 820 ILCS 55, Conn. Gen. Stat. § 31-48d, N.Y. Civ. Rights Law § 52-c, 19 Del. C. § 705, and any analogous statute. You will retain proof of notice for at least three (3) years. You shall defend, indemnify, and hold Opsite harmless from any claim, suit, or regulatory action arising from your failure to provide such notice. A model written notice is available at app.useopsite.com/legal/employee-monitoring-notice.
For any scheduled or triggered automation you enable (including but not limited to lead-nurture emails, overdue-invoice reminders, scheduled social-media posts, WhatsApp digests, and any other automated outbound communications), you represent and warrant that you have obtained any consent required under the Telephone Consumer Protection Act, the CAN-SPAM Act (15 U.S.C. § 7702), or analogous law from each recipient before the automation is enabled. Opsite executes your instructions; the recipient relationship is yours. Each outbound automated email will include the postal address and unsubscribe mechanism required by CAN-SPAM.
You retain all ownership rights to the data, content, and materials you submit to the Service ("Your Content"). This includes project information, client data, financial records, documents, and any other information you upload or create using the Service.
By submitting Your Content to the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, store, transmit, and display Your Content solely for the purpose of providing the Service to you. This license terminates when you delete Your Content or your account.
You may export Your Content at any time using the data export features provided in the Service. Upon termination of your account, you will have 30 days to export Your Content before it is deleted.
You are solely responsible for Your Content and the consequences of submitting it. You represent and warrant that you have all rights necessary to submit Your Content and that it does not violate any third-party rights or applicable laws.
Notwithstanding Section 5.1, we may collect, aggregate, and anonymize data derived from your use of the Service (including usage patterns, feature adoption rates, industry benchmarks, and operational metrics) such that it no longer identifies you or any individual ("Aggregated Data"). We own all rights to Aggregated Data and may use it for any lawful purpose, including improving the Service, developing new features, publishing industry reports, and creating benchmarking tools. Aggregated Data is not considered "Your Content" and is not subject to deletion upon account termination.
The Service integrates with third-party services including, but not limited to, QuickBooks, Google Maps, Google Calendar, and various email services. These integrations are provided for your convenience and are subject to the terms and privacy policies of the respective third-party providers.
When you connect a third-party service, you authorize us to access and use data from that service as necessary to provide the integration features. You may revoke this authorization at any time by disconnecting the integration.
Integration with third-party services does not constitute an endorsement of those services. We are not responsible for the availability, accuracy, or quality of third-party services or for any loss or damage arising from your use of them.
Our QuickBooks integration is provided through the Intuit Developer Platform. Your use of this integration is also subject to Intuit's Terms of Service and Privacy Policy. We access only the QuickBooks data necessary to provide invoice synchronization and payment tracking features. You can disconnect QuickBooks at any time through Settings.
The Service, including all software, designs, text, graphics, logos, and other content (excluding Your Content), is owned by Opsite Solutions LLC and is protected by copyright, trademark, and other intellectual property laws. "Opsite," our logo, and other marks are trademarks of Opsite Solutions LLC.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes. This license does not include the right to sublicense, modify, or create derivative works.
If you provide us with any feedback, suggestions, or ideas regarding the Service, you grant us a perpetual, irrevocable, royalty-free license to use such feedback for any purpose without compensation to you.
You agree that during the term of your use of the Service and for a period of twenty-four (24) months following the termination or expiration of your account, you shall not, directly or indirectly:
This restriction applies to the creation of any construction management, contractor management, project management, or similar platform that incorporates a combination of features substantially similar to those offered by Opsite, including but not limited to: job management, invoicing and financial tracking, purchase order management, subcontractor management, proposal generation, client portals, and AI-powered construction business tools.
Remedies: You acknowledge that a breach of this section would cause irreparable harm to Opsite that cannot be adequately compensated by monetary damages alone. In addition to any other remedies available at law or in equity, Opsite shall be entitled to seek injunctive relief (including temporary restraining orders, preliminary injunctions, and permanent injunctions) to enforce this provision without the necessity of proving actual damages or posting a bond.
This restriction does not prevent you from: (a) using generally available third-party construction management tools unrelated to Opsite; (b) performing your normal construction business operations; or (c) developing internal tools that do not replicate the Service's core platform functionality.
Jurisdictional carve-out: Notwithstanding the foregoing, this Section 7.4 does not apply to any individual signatory whose primary work location is in a state whose law prohibits or substantially restricts such restrictions, including California (Cal. Bus. & Prof. Code §§ 16600 and 16600.5), Minnesota (Minn. Stat. § 181.988), North Dakota (N.D. Cent. Code § 9-08-06), and Oklahoma (15 Okla. Stat. § 219A). For individuals covered by such laws, Sections 7.4.1 (Trade Secrets) and 7.4.2 (Non-Solicitation of Personnel) remain enforceable to the extent permitted by applicable law; the broader Competitive Use Restriction in this Section 7.4, Section 7.4.3 (Non-Solicitation of Customers), and Section 7.4.4 (Liquidated Damages) do not apply.
You acknowledge that in the course of using the Service, you may be exposed to, or gain knowledge of, trade secrets and proprietary information of Opsite, including but not limited to: (a) the Service's software architecture, algorithms, data models, and technical design; (b) AI models, machine learning methodologies, prompt engineering techniques, and automation logic (including but not limited to the "Lino" AI assistant); (c) business strategies, pricing models, roadmaps, and customer acquisition methodologies; (d) proprietary workflows, automation sequences, and operational methodologies that constitute the Service's competitive advantage; and (e) any information designated as confidential or that a reasonable person would understand to be confidential ("Opsite Trade Secrets").
You agree that Opsite Trade Secrets are protected under the federal Defend Trade Secrets Act (18 U.S.C. § 1836 et seq.), applicable state trade secret laws, and these Terms. You shall not, during the term of your use of the Service or at any time thereafter, directly or indirectly misappropriate, disclose, publish, or use any Opsite Trade Secrets for any purpose other than your authorized use of the Service.
DTSA Whistleblower Notice (18 U.S.C. § 1833(b)(3)): Notwithstanding the foregoing, you may not be held criminally or civilly liable under any federal or state trade-secret law for the disclosure of a trade secret that (i) is made in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, and solely for the purpose of reporting or investigating a suspected violation of law; or (ii) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
During the term of your use of the Service and for a period of twenty-four (24) months following termination or expiration of your account, you shall not, directly or indirectly, solicit, recruit, hire, engage, or attempt to solicit, recruit, hire, or engage any employee, contractor, consultant, or agent of Opsite Solutions LLC, or encourage any such person to leave or terminate their relationship with Opsite. This restriction applies to individuals you became aware of or had contact with through your use of the Service or interactions with Opsite.
During the term of your use of the Service and for a period of twenty-four (24) months following termination or expiration of your account, you shall not, directly or indirectly, solicit, contact, or attempt to divert any customer, user, partner, subcontractor, vendor, or prospective customer of Opsite for the purpose of offering or promoting a product or service that competes with the Service.
In addition to injunctive relief, you agree that any breach of Sections 7.4, 7.4.1, 7.4.2, or 7.4.3 shall entitle Opsite to liquidated damages in the amount of Fifty Thousand Dollars ($50,000) per breach occurrence, plus the aggregate subscription fees you would have paid for the remaining term of a twenty-four (24) month period following termination. You acknowledge that actual damages from such breaches would be difficult to ascertain and that these liquidated damages represent a reasonable estimate of the harm caused.
The restricted periods in Sections 7.4, 7.4.2, and 7.4.3 shall be tolled (paused) during any period in which you are in violation of these restrictions and shall not begin to run again until you have fully ceased all violating activity.
All artificial intelligence models, machine learning systems, automation logic, workflow engines, natural language processing capabilities, AI-generated outputs (including but not limited to the "Lino" assistant), and related technologies embedded in or powering the Service are the exclusive intellectual property of Opsite Solutions LLC. Your use of AI-powered features does not grant you any ownership, license, or rights to the underlying AI models, training data, prompt templates, or automation logic. You shall not reverse-engineer, decompile, or attempt to extract, replicate, or reconstruct any AI model, algorithm, or automation workflow from the Service.
We understand that you will be storing sensitive business information in the Service. We agree to maintain the confidentiality of Your Content and will not disclose it to third parties except as necessary to provide the Service, as required by law, or with your consent.
Our confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of ours; (b) was known to us before you disclosed it; (c) is independently developed by us; or (d) is disclosed to us by a third party without restriction.
To the extent that we process personal data on your behalf when providing the Service, you are the "Data Controller" (or "Business" under CCPA) and we are the "Data Processor" (or "Service Provider" under CCPA). We process personal data only on your documented instructions and solely for the purpose of providing the Service.
You consent to our use of the subprocessors identified on our Security page and our Privacy Policy (currently: Vercel, Supabase, Anthropic, Stripe, Upstash, Twilio, Resend, Plausible). We will maintain a current list of subprocessors and will notify you at least thirty (30) days prior to engaging any new subprocessor. You may object to a new subprocessor within fifteen (15) days of notification, and we will make commercially reasonable efforts to address your concerns. If we cannot resolve your objection, you may terminate the affected portion of the Service without penalty.
In the event of a confirmed security breach involving your personal data, we will notify you without undue delay and in no event later than seventy-two (72) hours after becoming aware of the breach. Such notification will include: (a) the nature and scope of the breach; (b) the categories and approximate number of records affected; (c) the likely consequences; and (d) the measures taken or proposed to mitigate the breach.
Upon termination of your account, we will: (a) provide a thirty (30) day data export period as specified in Section 5.3; (b) permanently delete all personal data from production systems within sixty (60) days of termination; and (c) permanently delete personal data from backup systems within ninety (90) days of termination, except where retention is required by law.
Upon reasonable written request (no more than once per calendar year), and subject to appropriate confidentiality obligations, we will make available to you or your designated independent auditor information reasonably necessary to demonstrate our compliance with these data processing terms. Such audits shall be at your expense and conducted during normal business hours with reasonable advance notice.
Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our collection and use of your information as described in the Privacy Policy.
We are committed to protecting your data and complying with applicable data protection laws, including GDPR and CCPA where applicable.
We warrant that the Service will perform substantially in accordance with our documentation. If the Service does not meet this warranty, your exclusive remedy is for us to use commercially reasonable efforts to correct the non-conformance.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
The Service provides tools for managing your construction business but does not provide legal, accounting, tax, or professional advice. You should consult qualified professionals for such advice. We are not responsible for any decisions you make based on information in the Service.
We will use commercially reasonable efforts to maintain Service availability of at least 99.5% measured on a monthly basis, excluding scheduled maintenance windows (of which we will provide at least twenty-four (24) hours advance notice), force majeure events, and downtime caused by third-party service providers. In the event that availability falls below 99.5% in any calendar month, you may request a service credit equal to 5% of your monthly subscription fee for each full percentage point below 99.5%, up to a maximum credit of 25% of the monthly fee. Service credits must be requested within thirty (30) days of the affected month and are your sole remedy for downtime.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OPSITE SOLUTIONS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).
THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO: (A) EITHER PARTY'S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS; (B) YOUR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS; (C) YOUR VIOLATION OF THE ACCEPTABLE USE POLICY; OR (D) YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 4A (SMS), 4B (EMPLOYEE MONITORING), 4C (AUTOMATED COMMUNICATIONS), OR 12 (INDEMNIFICATION).
You agree to indemnify, defend, and hold harmless Opsite Solutions LLC and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) Your Content; (c) your violation of these Terms; (d) your violation of any third-party rights; (e) your violation of any applicable laws; or (f) your obligations under Sections 4A (SMS), 4B (Employee Monitoring), or 4C (Automated Communications).
These Terms remain in effect while you use the Service. Your subscription will continue for the period specified in your subscription plan and will automatically renew unless cancelled.
You may terminate your account at any time by contacting us at support@useopsite.com or through the account settings. Termination does not entitle you to a refund of any prepaid fees.
We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. We may terminate immediately if you breach these Terms, fail to pay fees when due, or engage in conduct that we determine is harmful to us, other users, or third parties.
Upon termination: (a) your right to use the Service ceases immediately; (b) you remain liable for any fees owed; (c) we may delete Your Content after 30 days; and (d) sections of these Terms that by their nature should survive will survive (including Sections 4A, 4B, 4C, 5.1, 7, 8A, 10, 11, 12, 14, and 15).
For the avoidance of doubt, the following provisions shall survive termination or expiration of these Terms and your account for the periods specified therein or, where no period is specified, indefinitely: Sections 4A (SMS), 4B (Employee Monitoring), 4C (Automated Communications), 5.1 (Ownership of Your Data), 7 (Intellectual Property, including all subsections of 7.4 and 7.5), 8 (Confidentiality), 8A (Data Processing Terms, to the extent required for data deletion and return), 10 (Warranties and Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), 14 (Dispute Resolution), and 15 (General Provisions). The twenty-four (24) month post-termination restrictions in Sections 7.4, 7.4.2, and 7.4.3 shall begin on the date your account is terminated or expires, regardless of the reason for termination.
Before initiating any formal dispute resolution, you agree to contact us at legal@useopsite.com and attempt to resolve any dispute informally for at least 30 days.
YOU AND OPSITE AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES. THE ARBITRATION SHALL BE CONDUCTED IN WILMINGTON, DELAWARE. THE ARBITRATOR'S DECISION SHALL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
YOU AND OPSITE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.
Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Opsite regarding the Service and supersede all prior agreements.
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the revised Terms on the Service and updating the "Last Updated" date. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or Internet disruptions.
If you have any questions about these Terms, please contact us:
Opsite Solutions LLC
Email: legal@useopsite.com
Support: support@useopsite.com
Website: https://useopsite.com
You shall not access or use the Service in any jurisdiction where such access or use is prohibited by applicable law, and you shall not use the Service in connection with any project, entity, or individual subject to U.S. trade sanctions. You represent that you are not on any U.S. government restricted parties list.
If you are a U.S. government entity or contractor using the Service, the Service is provided as "commercial computer software" and "commercial computer software documentation" under FAR 12.212 and DFARS 227.7202, and your rights are limited to those granted to all other users under these Terms.