Terms of Service

Effective Date: December 13, 2025

These Terms of Service (“Terms”) govern access to and use of the Certus Ops software platform (the “Service”) operated by Certus Ops LLC (“Certus Ops,” “we,” “our,” or “us”). By accessing or using the Service, you agree to these Terms.

1. Business Use Only

The Service is intended for commercial and business use only. You represent that you have authority to bind your organization to these Terms.

2. Subscriptions, Payments, and Trials

  • Subscription fees are billed in advance.
  • Payments are processed by Stripe.
  • Fees are non-refundable except as required by law.
  • Pricing may change with reasonable notice.

Free Trials and Beta Access

If you are accessing the Service under a Free Trial or Beta period, the Service is provided "AS IS" without any warranty or SLA. Notwithstanding anything to the contrary in these Terms, Certus Ops shall have no liability whatsoever for any damages arising out of your use of the Service during a Free Trial or Beta period.

3. Enterprise Agreements and Order of Precedence

If you have entered into a separate written agreement with Certus Ops LLC, such as a Master Services Agreement (MSA), Enterprise Agreement, or Order Form (“Enterprise Agreement”), that agreement shall govern your use of the Service to the extent it conflicts with these Terms.

In the event of a conflict, the Enterprise Agreement shall control, and these Terms shall apply only to matters not expressly covered by the Enterprise Agreement.

4. License Grant

Certus Ops grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for internal business purposes.

5. Customer Data Responsibility

You are solely responsible for:

  • The accuracy, completeness, and legality of all data you upload.
  • Verifying outputs generated by the Service.
  • Ensuring decisions based on the Service are independently reviewed.

Aggregated Data

You grant Certus Ops the right to use your data in an anonymized and aggregated form ("Aggregated Data") for the purposes of benchmarking, improving the Service, and industry analysis. Aggregated Data will not identify you or your confidential information. Certus Ops retains all ownership rights in such Aggregated Data.

6. No Professional Advice

The Service provides data analysis based on user-provided inputs. It does not constitute professional supply chain, manufacturing, procurement, financial, or operational advice. You retain sole responsibility for all procurement, production, inventory, and manufacturing decisions.

7. No Enterprise Commitments in Public Terms

These Terms do not include, and shall not be construed to include, any commitments regarding service level agreements (SLAs), audit rights, guaranteed uptime, security certifications, or data residency, unless expressly set forth in a separately executed Enterprise Agreement.

8. Supply Chain Disclaimer and Risk Allocation

The Service relies on customer-provided data and third-party information. Certus Ops LLC is not responsible or liable for:

  • Manufacturing delays.
  • Production or line stoppages.
  • Missed delivery commitments.
  • Inventory discrepancies.
  • Supplier performance issues.
  • Financial losses.

We are not liable for issues arising from inaccurate, incomplete, delayed, or erroneous data, or from reliance on Service outputs without independent validation.

9. Limitation of Liability (CRITICAL)

To the maximum extent permitted by law:

Certus Ops LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, production delays, manufacturing stoppages, inventory errors, or business interruption, even if advised of the possibility of such damages.

Certus Ops' total liability for any claim shall not exceed the total fees paid by the customer in the six (6) months preceding the event giving rise to the claim.

Notwithstanding the foregoing, nothing in these Terms shall limit or exclude liability for gross negligence, willful misconduct, or fraud by Certus Ops LLC, or any other liability that cannot be limited or excluded under applicable law.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, CERTUS OPS LLC'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

10. Intellectual Property and Feedback

All intellectual property in the Service remains the property of Certus Ops LLC. Customer data remains the property of the customer.

If you provide us with any feedback, suggestions, or feature requests regarding the Service ("Feedback"), you hereby grant Certus Ops LLC a perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate such Feedback into the Service without any obligation or compensation to you.

11. Termination

We may suspend or terminate access for violation of these Terms, non-payment, or legal or security reasons. Upon termination, your license immediately ends.

12. Disclaimer of Warranties

The Service is provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, express or implied.

13. Indemnification

You agree to indemnify and hold harmless Certus Ops LLC from claims arising from your use of the Service or your data.

14. Governing Law and Venue

These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-law rules. Except for claims resolved by arbitration under Section 15, venue shall lie exclusively in Wyoming courts.

15. Mandatory Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Binding Arbitration

You and Certus Ops LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your use thereof (collectively, "Disputes") shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

Class Action Waiver

YOU AND CERTUS OPS LLC 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, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class, consolidated, or representative proceeding.

Arbitration Rules and Procedures

Arbitration shall be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect. The arbitration shall be conducted in Cheyenne, Wyoming, or at another mutually agreed location. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. The arbitrator shall apply Wyoming law consistent with the Federal Arbitration Act.

Costs and Fees

Each party shall bear its own costs and attorneys' fees in any arbitration proceeding, except as otherwise required by law or as awarded by the arbitrator.

Opt-Out Right

You may opt out of this arbitration provision by sending written notice of your decision to opt out to support@certusops.com within thirty (30) days of first accepting these Terms. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of this arbitration provision.

16. Changes to Terms

We may update these Terms periodically. Continued use constitutes acceptance of updated Terms.

17. Prohibited Data & Export Controls

You acknowledge that the Service is hosted on public cloud infrastructure and is not a "GovCloud" or FedRAMP-authorized environment. You agree not to upload, store, or process any data subject to the International Traffic in Arms Regulations (ITAR) or the Export Administration Regulations (EAR).

You certify that any data uploaded to the platform is limited to Commercial Off-the-Shelf (COTS) information or data not restricted by U.S. export control laws.

Violation of this policy may result in immediate termination of your account without refund.

18. Contact Information

Certus Ops LLC

1621 Central Ave #47494

Cheyenne, WY 82001

United States

Email: support@certusops.com