Terms of Service
Effective date: April 28, 2026
These Terms of Service (the "Agreement") govern your access to and use of the Service (defined below) provided by Operate Machine, Co. ("Operate"). By (a) purchasing access to the Service through an online ordering process that references this Agreement, (b) signing up for a free plan or the waitlist through a screen that references this Agreement, or (c) clicking a box indicating acceptance, Customer agrees to be bound by this Agreement.
The individual accepting this Agreement on behalf of a company or other legal entity ("Customer") represents and warrants that they have authority to bind that entity. If they do not, or if the entity does not agree with these terms, they may not accept this Agreement and may not use or receive the Service. Capitalized terms have the meanings set forth herein.
- The Service
- Restrictions
- Third-Party Applications
- Payment Obligations
- Term and Termination
- Warranties and Disclaimers
- Limitation of Liability
- Confidentiality
- Data
- General Terms
1. The Service
1.1 Service Description
Operate provides a cloud-based CRM and sales workflow tool for founders and go-to-market teams (the "Service"), delivered through our web and mobile application (the "App") and our website at operate.so (the "Site"). Any content that Customer or its Users create, upload, sync from connected services, or otherwise submit through the Service — including CRM records, files, notes, and messages imported from integrations — is a "User Submission". Customer is solely responsible for its User Submissions. The Service may also include templates, onboarding content, documentation, and other materials Operate makes available to help Customer get value from the Service ("Operate Content"). Customer will not receive the source code or binaries for the software that powers the Service (the "Software").
1.2 Customer's Subscription
Subject to this Agreement, Customer may subscribe to the Service as described in one or more ordering screens accepted by Customer through the Site that reference this Agreement and set out the business terms of Customer's subscription ("Order(s)"). Each subscription runs for the period set out on the applicable Order (the "Subscription Period"). Access to the Service is limited to individuals Customer authorizes ("Users"), for Customer's own internal business use and not for the benefit of any third party.
1.3 Operate's Ownership
Operate owns the Service, the App, the Site, the Software, Operate Content, and anything else Operate provides to Customer under this Agreement (collectively, the "Operate Materials"). Operate retains all right, title, and interest — including all patent, copyright, trademark, trade secret, and other intellectual property rights — in and to the Operate Materials and any updates, enhancements, or derivative works of them. No implied licenses are granted by this Agreement; any rights not expressly granted to Customer are reserved by Operate.
1.4 Permissions
The Service includes configurable roles and permissions that let Users grant each other the ability to perform tasks inside Customer's workspace ("Permissions"). Customer is solely responsible for setting and managing Permissions, including which Users are allowed to change them; Operate has no responsibility for Permissions Customer or its Users set. Customer may make the Service available to its Affiliates, in which case the rights and obligations under this Agreement extend to those Affiliates, and Customer remains responsible for any breach by them and for all payment obligations. Any claim an Affiliate has against Operate must be brought by Customer, not the Affiliate. "Affiliate" means an entity that directly or indirectly controls, is controlled by, or is under common control with a party, where "control" means ownership of more than 50% of the voting securities or equivalent interests.
2. Restrictions
2.1 Customer's Responsibilities
Customer is responsible for all activity on its Users' accounts, other than activity caused by a third-party bad actor that gains access by exploiting a vulnerability in the Service itself. Customer will make its Users aware of, and cause them to comply with, this Agreement, and Customer is liable for any breach by a User.
2.2 Use Restrictions
Customer agrees that neither it, its Users, nor any third party acting on its behalf will, directly or indirectly: (a) modify, translate, copy, or create derivative works based on the Service; (b) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, non-public APIs, or underlying ideas of the Service, except to the extent this restriction is prohibited by applicable law; (c) sublicense, sell, resell, rent, lease, transfer, assign, or commercially exploit the Service or make it available to any third party other than Users; (d) remove or obscure copyright, trademark, or other proprietary notices on the Service; (e) use the Service to violate any applicable law or regulation; (f) attempt to access, interfere with, damage, or disrupt the Service, including by introducing malware, launching denial-of-service attacks, or similar activity; (g) use the Service to build or help a third party build a product or service that competes with the Service, or to train, fine-tune, or evaluate an AI/ML model that competes with the Service or its Output; (h) probe, scan, or test the vulnerability of the Service or any Operate system; or (i) use the Service in violation of U.S. or other applicable economic, trade-sanctions, or export-control laws. If Customer's use of the Service, in Operate's reasonable judgment, causes or is likely to cause significant harm to Operate, its other customers, or the Service, or threatens the Service's security, integrity, or availability, Operate may suspend Customer's access to the Service. Operate will use commercially reasonable efforts, where the circumstances allow, to (x) give Customer notice and an opportunity to resolve the issue before suspending, (y) limit the suspension to the accounts involved, and (z) lift the suspension promptly once the issue is resolved.
2.3 API Access Restrictions
As part of the Service, Operate may make one or more application programming interfaces ("APIs") available to Customer. Operate may set and enforce rate limits and other restrictions on API use in its sole discretion, and Customer will comply with them. Operate may also suspend, change, or discontinue the APIs at any time.
3. Third-Party Applications
The Service may interoperate with third-party products, services, or applications that Operate does not own or control — for example Google Workspace, Slack, and other integrations Customer chooses to connect ("Third-Party Applications"). If a Third-Party Application requires it, Customer will provide Operate with the credentials or OAuth authorizations needed for Operate to provide the Service, and Customer represents that it has the right to do so without breaching the terms that govern the Third-Party Application. Operate does not endorse any Third-Party Application. Customer's use of a Third-Party Application is governed by the terms and privacy policies of that third party, not by this Agreement, and Customer may need to accept separate agreements for its use. Operate disclaims all representations and warranties relating to Third-Party Applications. Customer's use of Third-Party Applications is at its own risk, and Operate has no liability or other obligation in connection with any Third-Party Application, including any inability to use one.
Operate's use of information received from Google APIs through connected Third-Party Applications adheres to the Google API Services User Data Policy, including the Limited Use requirements, as further described in our Privacy Policy.
4. Payment Obligations
4.1 Fees
Customer will pay the fees for access to and use of the Service as set out in the applicable Order ("Fees"). Fees are payable in the currency specified on the Order or, if none is specified, U.S. dollars. Payment obligations are non-cancelable, and Fees paid are non-refundable except as expressly stated in this Agreement. Operate may modify its Fees or introduce new fees from time to time; Customer may choose not to renew if it does not accept a new or revised Fee. Joining the waitlist and any free plan Operate may offer are provided at no charge; this Section 4 applies only once Customer accepts an Order.
4.2 Payment
Operate, directly or through a third-party payment processor ("Payment Processor"), will charge the payment method Customer provides — credit card, ACH, or otherwise — for Fees due, including recurring charges. Customer is responsible for keeping payment information accurate and current; failure to do so may result in suspension of the Service. Operate may also set off amounts owed by Customer against amounts Operate owes Customer. When payments are processed through a Payment Processor, the Payment Processor's terms and privacy policy apply in addition to this Agreement; Operate is not responsible for the Payment Processor's errors or omissions, though Operate may correct any error even after payment has been received. If authorized through acceptance of an Order, recurring charges (for example, monthly or annual billing) will be billed to Customer's payment method without further authorization until Customer terminates this Agreement in accordance with its terms or updates its payment method in the Service.
4.3 Taxes
Fees are stated exclusive of taxes, levies, duties, and similar governmental assessments of any kind, including value-added, sales, use, and withholding taxes ("Taxes"). Customer is responsible for paying all Taxes associated with its purchases under this Agreement. If Operate is legally required to collect Taxes that are Customer's responsibility, Operate will invoice and Customer will pay them unless Customer has provided a valid exemption certificate in advance. Operate is responsible only for taxes based on its own income, property, and employees.
4.4 Failure to Pay
If Customer fails to pay Fees when due, Operate may suspend access to the Service until the overdue amount is paid. Customer authorizes Operate to retry charging Customer's payment method if an initial attempt is unsuccessful, without a specific limit on the number of retries. If Customer believes it has been billed incorrectly, it must contact Operate within 60 days of the closing date on the first billing statement showing the error. Operate will review the dispute and provide a written decision, including reasonable documentation. If Operate reasonably determines the amounts are due, Customer will pay them (if it has not already) within 10 days of receiving the decision.
5. Term and Termination
5.1 Agreement Term and Renewals
A subscription to the Service begins on the start date in the applicable Order (the "Subscription Start Date") and continues for the Subscription Period stated on the Order. Customer may choose not to renew by emailing billing@operate.so or by updating its subscription in the Service. This Agreement takes effect on the first day of the Subscription Period (or, if earlier, when Customer first accesses or uses the Service) and remains in effect for the Subscription Period and any renewals, plus any period during which Customer continues to use the Service even without a paid Order (the "Term"). Termination of this Agreement automatically terminates all Orders. If Operate offers a free plan and Customer does not maintain a paid subscription, Customer's workspace may be downgraded to the free version of the Service, with reduced features and limits, as Operate may offer from time to time (a "Free Version"). If this Agreement is terminated or Customer deletes its workspace, Customer will lose access to the Free Version as well.
5.2 Termination
Either party may terminate this Agreement on written notice if the other party materially breaches the Agreement and does not cure the breach within 30 days of receiving notice. Operate may terminate Customer's access to any Free Version at any time by giving notice to Customer.
5.3 Effect of Termination
If Customer terminates for Operate's uncured material breach, Operate will refund any prepaid, unused Fees for the remainder of the then-current Subscription Period. If Operate terminates for Customer's uncured material breach, Customer will pay any unpaid Fees for the remainder of the then-current Subscription Period as of the effective date of termination. No termination relieves Customer of the obligation to pay Fees due for the period before termination takes effect. On termination of this Agreement, all rights and licenses granted to Customer end and Customer will lose access to the Service. Within 30 days after termination for cause, on Customer's request following termination, or when Customer deletes its workspace, Operate will delete Customer's User Information and User Submissions unless Customer requests earlier deletion in writing. If Customer uses a Free Version, Operate will retain User Submissions and User Information to provide it, but may delete them if a Free Version account is unused for 12 consecutive months or more.
5.4 Survival
The sections titled "Operate's Ownership", "Third-Party Applications", "Payment Obligations", "Term and Termination", "Warranties and Disclaimers", "Limitation of Liability", "Confidentiality", "Data", and "General Terms" survive any termination or expiration of this Agreement.
6. Warranties and Disclaimers
6.1 Warranties
Customer represents and warrants that all User Submissions submitted to the Service comply with all applicable laws, rules, and regulations, and that Customer has all rights and consents needed to submit them to the Service and to grant Operate the licenses described in Section 9.
6.2 Warranty Disclaimer
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE SERVICE AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, AND OPERATE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OPERATE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY OUTPUT OF AI-POWERED FEATURES WILL BE ACCURATE, COMPLETE, OR SUITED TO CUSTOMER'S PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS; THE FOREGOING APPLIES ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
7. Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, OPERATE WILL NOT BE LIABLE, UNDER ANY LEGAL THEORY (CONTRACT, TORT INCLUDING NEGLIGENCE AND STRICT LIABILITY, OR OTHERWISE), FOR (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; (B) ANY DAMAGES BASED ON LOSS OF PROFITS OR REVENUE, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA, SERVICE INTERRUPTION OR INABILITY TO USE THE SERVICE, FAILURE TO TRANSMIT OR ACCURATELY PROCESS INFORMATION, OR SECURITY BREACHES; OR (C) ANY DAMAGES IN THE AGGREGATE EXCEEDING THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER TO OPERATE FOR THE SERVICE DURING THE 12 MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS APPLY EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
8. Confidentiality
8.1 Definition
Each party (the "Receiving Party") acknowledges that the other party (the "Disclosing Party") may share business, technical, or financial information that a reasonable person would understand to be confidential given its nature and the circumstances of disclosure ("Confidential Information"). Operate's Confidential Information includes non-public information about the features, functionality, roadmap, and performance of the Service. Customer's Confidential Information includes User Information and User Submissions. This Agreement and all Orders are the Confidential Information of both parties. Confidential Information does not include information that (a) becomes generally available to the public other than through a breach of this Agreement, (b) was already known to the Receiving Party at the time of disclosure without any confidentiality obligation, (c) was received from a third party without any confidentiality obligation, or (d) was independently developed by the Receiving Party without use of or reference to the Disclosing Party's Confidential Information.
8.2 Protection and Use of Confidential Information
The Receiving Party will (a) protect the Disclosing Party's Confidential Information with at least the same degree of care it uses for its own Confidential Information of similar importance, and in any case no less than reasonable care; (b) limit access to employees, affiliates, contractors, consultants, and advisors ("Representatives") who need to know the information for this Agreement and who are bound by confidentiality and non-use obligations at least as protective as this Section; (c) use commercially reasonable efforts not to disclose the Disclosing Party's Confidential Information to any third party without the Disclosing Party's prior written consent; and (d) use the Confidential Information only to perform its obligations or exercise its rights under this Agreement. Either party may share the existence and general terms of this Agreement with prospective investors or acquirers under standard confidentiality obligations.
8.3 Compelled Access or Disclosure
The Receiving Party may access or disclose the Disclosing Party's Confidential Information if required by law, provided it gives the Disclosing Party prior notice (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the access or disclosure.
8.4 Feedback
Customer may provide suggestions, comments, or other feedback about the Service ("Feedback"). Feedback refers only to input provided to Operate about the Service and does not include User Information or User Submissions. To let Operate incorporate Feedback into the Service, Customer grants Operate a royalty-free, worldwide, perpetual, irrevocable, fully transferable, and sublicensable license to use, reproduce, modify, create derivative works from, distribute, display, and otherwise exploit Feedback without restriction, except that Operate will not identify Customer as the source of the Feedback.
9. Data
9.1 User Information
Customer and its Users are required to provide information such as name, email address, username, IP address, device, and browser details ("User Information") in order to access the Service. Customer grants Operate and its subcontractors the right to store, process, and retrieve User Information in connection with Customer's use of the Service. Customer represents and warrants that it has all rights needed to provide User Information to Operate and to have Operate process it as contemplated here. Customer is responsible for User Information, including liability for credentials used by anyone Customer has not authorized. Customer (on behalf of its Users) grants Operate the right to access, use, process, copy, distribute to Users, and display to Users the User Information only as reasonably necessary: (a) to provide the Service to Customer; (b) to prevent or address security, support, or technical issues; (c) as required by law; and (d) as otherwise authorized in writing by Customer.
9.2 User Submissions
Customer grants Operate and its subcontractors a non-exclusive, worldwide, royalty-free, paid-up, transferable right and license to use, process, and display to Users the User Submissions for the sole purpose of providing the Service to Customer. Except for this limited license, Customer owns all right, title, and interest in and to its User Submissions; no other licenses are implied.
9.3 Service Data
As Customer and its Users interact with the Service, Operate collects data about the performance and operation of the Service ("Service Data"). Provided that Service Data is aggregated and de-identified so that no User Information, User Submissions, or other personally identifying information of Customer is disclosed to any third party, Operate may use Service Data for any purpose, and Operate owns all right, title, and interest in the Service Data. Operate will not identify Customer or its Users as the source of any Service Data.
9.4 AI and Machine Learning
The Service includes AI-powered features (for example, enrichment, summaries, and drafting) that are delivered with the help of AI models operated by Operate or by third-party AI sub-processors. Inputs and outputs from those features ("Output") are processed solely to deliver the feature Customer has requested inside its own account. Operate does not use User Submissions — including data received from Customer's Third-Party Application connections such as Google Workspace — to train, fine-tune, or improve generalized AI/ML models, including any model used to serve any other customer or third party. Because Output is generated probabilistically, it may be inaccurate or non-unique; Customer is responsible for reviewing Output before relying on it.
9.5 Data Protection
Operate has implemented reasonable administrative, technical, and physical information-security measures to protect User Submissions and User Information (together, "Customer Data"). Customer is responsible for maintaining appropriate security, protection, and backups of its own hardware, software, systems, and Customer Data. Operate will process Customer Data in accordance with our Privacy Policy, and, when a data processing agreement is in place, in accordance with that agreement.
10. General Terms
10.1 Publicity
With Customer's prior written consent, Operate may identify Customer and use Customer's name, logo, trademarks, or service marks on the Site and in Operate's marketing materials.
10.2 Force Majeure
Operate will not be liable for any failure or delay in performance caused by events beyond its reasonable control that make performance commercially impracticable, which may include failures by a third-party hosting or utility provider, strikes (other than strikes of Operate's own employees), shortages, riots, fires, acts of God, war, terrorism, and governmental action.
10.3 Changes
Customer acknowledges that the Service is an online, subscription-based product and that Operate may change the Service from time to time to improve it, provided that Operate will not materially reduce the Service's core functionality during a paid Subscription Period. Operate may also modify this Agreement by giving Customer at least 30 days' notice before the change takes effect and posting the updated Agreement at operate.so/terms.
10.4 Relationship of the Parties
The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between them.
10.5 No Third-Party Beneficiaries
There are no third-party beneficiaries to this Agreement; a person who is not a party to this Agreement may not enforce any of its terms under any applicable law.
10.6 Email Communications
Notices under this Agreement are given as follows: (a) notices regarding the Service will be sent by email, though Operate may choose to deliver them through the Service instead; (b) notices to Operate must be sent to legal@operate.so; and (c) notices to Customer will be sent to the email addresses Customer provides through the Service. Email notices are deemed given on the business day after they are sent; in-Service notices are deemed given on the same day.
10.7 Amendment and Waivers
No modification or amendment of this Agreement is effective unless made in writing and signed or accepted by an authorized representative of each party. No failure or delay by a party in exercising a right under this Agreement operates as a waiver of that right, and no waiver is effective unless made in writing and signed by an authorized representative of the waiving party.
10.8 Severability
This Agreement will be enforced to the fullest extent permitted by applicable law. If any provision is held by a court of competent jurisdiction to be contrary to law, the provision will be modified and interpreted to best accomplish the objectives of the original provision to the fullest extent allowed, and the remaining provisions will remain in effect.
10.9 Assignment
Neither party may assign or delegate its rights or obligations under this Agreement, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Operate may assign this Agreement, including all Orders, without Customer's consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of Operate's assets. Any attempted assignment in violation of this Section is void. Subject to the foregoing, this Agreement binds and benefits the parties and their respective successors and permitted assigns.
10.10 Governing Law and Venue
This Agreement, and any dispute arising out of or related to it, is governed exclusively by the internal laws of the State of Delaware, without regard to its conflict-of-laws rules or the United Nations Convention on Contracts for the International Sale of Goods. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. The state and federal courts located in New Castle County, Delaware have exclusive jurisdiction over any dispute arising out of or relating to this Agreement or its formation, interpretation, or enforcement, and each party consents and submits to that jurisdiction. Each party waives any right to a jury trial in any action or proceeding arising out of or related to this Agreement. In any action to enforce rights under this Agreement, the prevailing party is entitled to recover its reasonable costs and attorneys' fees.
10.11 Entire Agreement
This Agreement, including all referenced pages and Orders, is the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.
Contact
Operate Machine, Co.
2261 Market Street STE 86910
San Francisco, CA 94114