Terms for using Oculi and related services

1. Acceptance

By accessing or using Oculi, you agree to these Terms of Service and to the Oculi Privacy Policy. If you use Oculi on behalf of a company or other organization, you represent that you have authority to bind that organization to these terms.

2. Who provides the service

Oculi is provided by Operandi Technology Solutions Inc. ("Operandi", "we", "us", or "our"). Oculi includes related websites, hosted software, mobile applications, implementation assistance, support workflows, and related reporting features we make available to customers.

3. Customer accounts and authorized users

Access to Oculi is limited to customer organizations and their authorized users. You are responsible for maintaining the confidentiality of your credentials, using the service only through approved interfaces, and notifying us promptly if you suspect unauthorized access.

Customer organizations are responsible for managing their users, permissions, and internal policies for the data they submit to Oculi. Customer organizations are also responsible for deciding which employees, contractors, clients, administrators, and other authorized users may access particular projects, sites, reports, photos, dashboards, or workflows.

4. Fees, subscriptions, and order documents

Oculi is generally provided under a proposal, quote, order form, statement of work, or other commercial agreement. Pricing may be usage-based, subscription-based, services-based, or a combination of these.

If there is a conflict between these public terms and a signed customer agreement, the signed customer agreement controls for that customer relationship.

5. Trials, demos, and previews

We may offer demonstrations, trials, previews, pilot environments, or sample workflows. These may be limited in functionality, modified, suspended, or discontinued at any time. Unless otherwise stated in writing, trial and preview environments are provided on an as-is basis.

6. Customer data and permitted use

You retain rights to the data, content, photos, notes, records, and reports that you or your organization submit to Oculi ("Customer Data"). You grant us the rights reasonably necessary to host, process, transmit, back up, cache, secure, support, troubleshoot, and improve the service for you.

You are responsible for ensuring that you have the necessary rights, permissions, notices, and legal basis to collect and upload Customer Data, including employee, contractor, client-contact, project, site, GPS, location, photo, map, work package, checklist, issue, and report information.

Oculi is designed for field workflows that may use camera access, photo library access, map calibration, geolocation, offline storage, local device storage, browser cache, Firebase cache, sync queues, and uploaded files. You are responsible for using these features lawfully and consistently with your organization's notices, policies, customer commitments, and workplace obligations.

Oculi may generate dashboards, reports, exports, PDFs, preview documents, notifications, and other outputs from Customer Data. You and your organization are responsible for reviewing those outputs for accuracy, completeness, permissions, and suitability before sharing them with clients, regulators, employees, contractors, or other third parties.

7. Acceptable use

You agree not to:

• use Oculi in a way that violates law, regulation, or the rights of others;
• attempt to gain unauthorized access to accounts, data, systems, or networks;
• upload malware, malicious code, or materials intended to interfere with the service;
• share credentials improperly, circumvent usage limits, or misuse permissions;
• upload personal information, photos, GPS or location data, client contacts, or confidential site records without the permissions and notices required for your workflow;
• reverse engineer, scrape, copy, resell, or exploit the service except as allowed by law or by written agreement;
• use the service for hazardous or fail-safe activities where service interruption could cause death, personal injury, or severe environmental harm.

8. Intellectual property

We and our licensors retain all rights, title, and interest in Oculi, including the software, service design, trademarks, documentation, platform content, and related intellectual property, except for Customer Data.

Oculi and Operandi names, logos, and branding may not be used without permission except to identify the service in a factual manner.

9. Support, onboarding, and service changes

We may provide onboarding, configuration assistance, reporting setup, and customer support as part of the service or as separately scoped services. We may also modify, improve, or discontinue features from time to time. Where practicable, we will use reasonable efforts to communicate material changes that affect active customers.

To provide support, troubleshoot issues, investigate errors, maintain security, recover sync or upload problems, and improve reliability, we may access limited account, route, app version, device, diagnostic, error, workflow, and Customer Data reasonably needed for that purpose. We will use that access only as reasonably necessary to provide, secure, support, or maintain Oculi, or as otherwise permitted by law or a signed customer agreement.

10. Suspension and termination

We may suspend or restrict access where reasonably necessary to address security issues, non-payment, misuse, legal compliance concerns, or material breaches of these terms or an applicable customer agreement.

Upon termination or expiry, access to the service may end, and Customer Data may be deleted in accordance with the applicable agreement, retention settings, backup cycles, and legal obligations.

Because Oculi supports offline field work, some Customer Data, preferences, photos, or sync-queue records may remain temporarily on authorized user devices or in browser storage until those devices are synced, signed out, reset, cleared, or otherwise managed by the user or customer organization.

11. Warranties disclaimer

Except to the extent expressly stated in a signed agreement, Oculi is provided "as is" and "as available." To the maximum extent permitted by law, we disclaim implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

12. Limitation of liability

To the maximum extent permitted by law, Operandi will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption arising from or related to Oculi.

Except where a signed customer agreement states otherwise, our aggregate liability for claims arising out of the service will not exceed the amounts paid to us for Oculi in the twelve months preceding the event giving rise to the claim.

13. Indemnity

You agree to indemnify and hold harmless Operandi and its personnel from third-party claims arising from your misuse of Oculi, your violation of these terms, or your Customer Data infringing the rights of another party.

14. Governing law

These terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-law principles. The parties submit to the courts located in Ontario, Canada, unless a signed customer agreement states otherwise.

15. Changes to these terms

We may update these terms from time to time. When we do, we will update the effective date on this page and, where appropriate, provide additional notice to active customers.

16. Contact

Questions about these terms can be sent to support@operandi.ca.

Operandi Technology Solutions Inc.
101-135 George Street North
Cambridge, Ontario N1S 5C3
Canada